SFO DOL - To track Auto remand Cases!!

G

goodphysq

Registered Users (C)
Looks like we are not going anywhere and also no body to pay attention (DOl & in this forum)!!

I am starting this new thread. I am not sure what we could acommplish but at least we can share our pain and console each other...

SFO Dol Sep 2002
Aut Remanded June 2003
 
CA SESA PD: 06/2001
SFO DOL: 02/2002
Remanded back to SESA after 3 option letter: 05/2003
No news after that :mad:
 
Opened or Unopened??

Do you guys know how our cases will be handled? Will it be considered as opened or non-opened. My attorneny mentioned it will be treated as non-opened. If so, based on FIFO we should have got 45 day by this time, looks like none of us got any response letter from BRC.

Not sure whats happening :mad:

Any thougts??
 
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opened/unopened

This is the first time I am reading that remanded cases will be treated as unopened cases. I was under the impression that all remanded cases were opened ones. Did your attorney receive this info from Foreign Labor Certification office or is s/he guessing ?
 
Opened/unopened

BhavaniS said:
This is the first time I am reading that remanded cases will be treated as unopened cases. I was under the impression that all remanded cases were opened ones. Did your attorney receive this info from Foreign Labor Certification office or is s/he guessing ?
Click to expand...

Since SWA has not done anything after the remand from DOL. My attorney mentioned that it will be treated as unopened.
 
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well as per immigration websites, if state has started recruitment process, or sent out a letter on the case, it is conisdered OPENED. For our cases, state is just sitting on their bums, so it seems that these would be considered as UNOPENED. (although my poor attorney has no idea about it :( )
For FIFO, it seems it starts only after getting the reply on 45 day letter, so have to wait, till letters start trickling out of BRC for state cases.
 
sunshine76 said:
well as per immigration websites, if state has started recruitment process, or sent out a letter on the case, it is conisdered OPENED. For our cases, state is just sitting on their bums, so it seems that these would be considered as UNOPENED. (although my poor attorney has no idea about it :( )
For FIFO, it seems it starts only after getting the reply on 45 day letter, so have to wait, till letters start trickling out of BRC for state cases.
Click to expand...


You are right thats what my attorney mentioned. Since our cases are so old may be its transfered to BRC at the very end!

Mean time if one of us get some kind of response, that will give us some hope (at least a hope!!!!!)

Thats why I started this forum...so we can share our pain and console each other....looks like thats the best we can do now!!
 
If you look at the States case transfer schedule,
http://www.elirich.com/dec7e.pdf
it mentions that all unopened cases with receipt date prior to 2003 must be transferred by 31st dec. 2004, while the rest of cases by 31st mar. 2005
If this is true and work is going on as scheduled, our cases should've reached BRC by now. Hope to see letters soon.
 
sunshine76 said:
If you look at the States case transfer schedule,
http://www.elirich.com/dec7e.pdf
it mentions that all unopened cases with receipt date prior to 2003 must be transferred by 31st dec. 2004, while the rest of cases by 31st mar. 2005
If this is true and work is going on as scheduled, our cases should've reached BRC by now. Hope to see letters soon.
Click to expand...

True, thing really bothers me is, we havent seen any letters for remaned cases (as far as I know)!!

As I said before, if we get at least couple of letters for auto-remanded cases that will give us some hope!
 
sunshine76 said:
If you look at the States case transfer schedule,
http://www.elirich.com/dec7e.pdf
it mentions that all unopened cases with receipt date prior to 2003 must be transferred by 31st dec. 2004, while the rest of cases by 31st mar. 2005
If this is true and work is going on as scheduled, our cases should've reached BRC by now. Hope to see letters soon.
Click to expand...
This may be not very true, if they considered unopened because nothing done to them since remand, they may make receipt date to be = remanded date, hence keeping old PD.
 
Aren't the cases from transferred from the SWA's supposed to be processed after the processing of the Regional cases ? This new thing is turning out to be a real mess and I am really surprised that only a bunch of people are responding to this thread. There were a couple thousand cases auto-remanded in CA thanks to the SFO DOL.

goodphysq said:
True, thing really bothers me is, we havent seen any letters for remaned cases (as far as I know)!!

As I said before, if we get at least couple of letters for auto-remanded cases that will give us some hope!
Click to expand...
 
Remand to State.

As I understand there are 2 categories of remanded cases.

1. RIR -> NON-RIR : Remanded to state by Employer's choice. These are the cases typically filed between May 2001 and Aug 2001. These cases were moved to from DOL to SWA as DOL didn't have the guidance on the basis of which they could approve RIR cases. Since it was the employer's choice to get these cases transferred to SWA, these cases were not called back to DOL once they had the guidance for RIR (BS + 3 yrs or MS + 1/2 yr). The employers don’t mind this since they get bonded labor : extending H1-B beyond 6 yrs. Hence there is a long wait for the people in this situation. Unlucky ones :-(

2. RIR -> NON-RIR : Auto remand by the choice of DOL. These are the cases typically filed after Aug. 2001 and got transferred to SWA without knowing Employer's choice. Such cases were called back from SWA back to DOL and processed based on the guidance received by the DOL. Lucky ones :)

Now the question is when will be the category 1 cases moved to BRC and whether they will be processed first based on FIFO method. All those who are in this category would be able to file for their I-140 + I-485 simultaneously as soon as their LC gets approved, even though they are in EB3 category. Let's see if luck shines on the unlucky ones....

cal97 said:
Aren't the cases from transferred from the SWA's supposed to be processed after the processing of the Regional cases ? This new thing is turning out to be a real mess and I am really surprised that only a bunch of people are responding to this thread. There were a couple thousand cases auto-remanded in CA thanks to the SFO DOL.
Click to expand...
 
In that case I would fall in the Lucky category :) as my case was remanded without any notice or choice. But there has been no progess. I don't know what happened to my case. This LCA of mine was filed by my old company that got bought over. Now the new company re-started the whole process again and that is in limbo because of the Backlog Extension Centers. This roller coaster ride is real fun. Well.... better considering it as fun rather than brooding over it.

DeCgC_007 said:
As I understand there are 2 categories of remanded cases.

1. RIR -> NON-RIR : Remanded to state by Employer's choice. These are the cases typically filed between May 2001 and Aug 2001. These cases were moved to from DOL to SWA as DOL didn't have the guidance on the basis of which they could approve RIR cases. Since it was the employer's choice to get these cases transferred to SWA, these cases were not called back to DOL once they had the guidance for RIR (BS + 3 yrs or MS + 1/2 yr). The employers don’t mind this since they get bonded labor : extending H1-B beyond 6 yrs. Hence there is a long wait for the people in this situation. Unlucky ones :-(

2. RIR -> NON-RIR : Auto remand by the choice of DOL. These are the cases typically filed after Aug. 2001 and got transferred to SWA without knowing Employer's choice. Such cases were called back from SWA back to DOL and processed based on the guidance received by the DOL. Lucky ones :)

Now the question is when will be the category 1 cases moved to BRC and whether they will be processed first based on FIFO method. All those who are in this category would be able to file for their I-140 + I-485 simultaneously as soon as their LC gets approved, even though they are in EB3 category. Let's see if luck shines on the unlucky ones....
Click to expand...
 
Update on Remand Cases

I saw the following post in California SWA /SESA thread .......

===

mahadev1
Registered User Join Date: Feb 2005
Posts: 1

Swa

--------------------------------------------------------------------------------

PD: 06/01
Status:Remanded to state

I got some info from the State Workforce Agency.

However, as you already know, your case was remanded back to this office by the U.S. Department of Labor (DOL). It now resides in our regular permanent case queue. The cases in this queue are worked according to their priority date. We were working cases with priority dates on or before 4/27/2001 before we stopped working cases altogether. We are now shipping our entire case inventory (over 60,000 applications) to DOL's new Backlog Reduction Center in Dallas, Texas. Your case will be processed there, not by our office. We have already shipped approximately 24,000 cases to that location. Those 24,000 cases all had priority dates on or before April 30, 2001. We plan to ship another 14,000 before February 24th (your case should be in this shipment). The remaining 22,500 applications will be shipped prior to March 31, 2005. Applications from other states are being shipped there as well. They will, per their regulations, be processing cases by priority date.

The State Workforce Agencies will no longer be involved in the processing of permanent labor certification applications after March 31, 2005. This being the case, I cannot possibly make a prediction about when your case might be completed. Hopefully, DOL's new Backlog Reduction Center will be able to reduce the amount of time it will take to process your application
 
BhavaniS said:
I saw the following post in California SWA /SESA thread .......

===

mahadev1
Registered User Join Date: Feb 2005
Posts: 1

Swa

--------------------------------------------------------------------------------

PD: 06/01
Status:Remanded to state

I got some info from the State Workforce Agency.

However, as you already know, your case was remanded back to this office by the U.S. Department of Labor (DOL). It now resides in our regular permanent case queue. The cases in this queue are worked according to their priority date. We were working cases with priority dates on or before 4/27/2001 before we stopped working cases altogether. We are now shipping our entire case inventory (over 60,000 applications) to DOL's new Backlog Reduction Center in Dallas, Texas. Your case will be processed there, not by our office. We have already shipped approximately 24,000 cases to that location. Those 24,000 cases all had priority dates on or before April 30, 2001. We plan to ship another 14,000 before February 24th (your case should be in this shipment). The remaining 22,500 applications will be shipped prior to March 31, 2005. Applications from other states are being shipped there as well. They will, per their regulations, be processing cases by priority date.

The State Workforce Agencies will no longer be involved in the processing of permanent labor certification applications after March 31, 2005. This being the case, I cannot possibly make a prediction about when your case might be completed. Hopefully, DOL's new Backlog Reduction Center will be able to reduce the amount of time it will take to process your application
Click to expand...


Thanks Bhavani!

That gives us a clear picture. Looks like our cases wont be shipped until end of march. It might take another 1-2 mons for them to enter in thier system and for us to get any response from BRC.

Looks like our patience is again being tested beyond what we could think/imagine :confused:
 
Q.

Will the transferred cases be processed in a FIFO fashio, or will it be based on the original SWA priority dates?

goodphysq said:
Thanks Bhavani!

That gives us a clear picture. Looks like our cases wont be shipped until end of march. It might take another 1-2 mons for them to enter in thier system and for us to get any response from BRC.
Click to expand...
 
Got Response

Finally I got this response from BRC...At least now we know where we are :)

Hopefully we get some kind of response in next 1-2 mons....
-------------------------------------------------------------------------

The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.
The above-referenced case has been transferred to one of the Division of Foreign Labor Certification’s Backlog Processing Centers. At this time, we are unable to provide any status information on Permanent Labor Certifications. All Processing Center files are in the process of being transferred into a new database. Once the data entry process is completed, a 45-day letter will be issued on all applications requesting additional information from the employer if needed.
Please do not request additional status information for at least 90 days after responding to the 45-day letter.
To obtain general information regarding processing dates, please check the National Office website at
http://www.workforcesecurity.doleta.gov/
-------------------------------------------------------------------------
 
Any respones???

Folks,
Remanded cases - did we get any responses or did you see one in any other forums?

Please let us know.

Thanks!
 
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