SFO DOL - To track Auto remand Cases!!

I am for it, though I am not sure about lawsuit, I would think we can definitely write a petition.

On a side note, can anyone PPLLEEAASSEE answer my question about filing amendment for Non RIR? Can I change the requirements? Depending on this answer, I have to convince my company to file one. MS+6months may be easier than MS+0 to prove there are no available US workers, right?
 
ok, let's start writing a few letters then, I will prepare a rough draft and post it soon.
gk, I am not sure about ur question, u should probably post it on other forums too, this thread is not very active.
 
At a Critical Stage:

Respected LC Gurus and immigration scientists,

I have been a silent reader of these threads for over 3 years now. I am at a critical stage of my career and need your suggestions on what my next move should be at this juncture? Although this message looks long it will also be very helpful for others like me in this stage.

Starting this May 11 I will be kicking into my 6th year of H1. My employer "X" has filed LC for me in Sep 2001. Currently its non-RIR and EB3 skilled worker class. Made to SFO DOL twice. Remanded both the times (once during auto remand). By now it has probably made to Dallas BPC. The reason for remand was no experience mentioned in the original application - a screw up by old lawyer and negligent HR. New lawyer FDBL at X has amended the application properly mentioning 3 years of experience and special skilss and are very hopeful of the outcome slow but sure.

At this moement I have an offer in hand from another company "Y", which sounds very lucrative. To add to the mix my passport and I-94 and even the H1B approval notice 1-129 says My H1-B expiry date is August 11, 2006. It should have been May 11, 2006 because I entered USA on May 12, 2000 on H1. Its not due to any mis-representation on my part.

Y has clarified that if I accept the offer:

1. They will file me a new PERM-EB2 before August 11,2005. But positively can not file before May 11, 2005 (due to 60 day SWA job posting and sunday news paper ads for my position).
2. They will be able to file H1 extension based on the current I-94 expiry date which is August 2006.
3. If needed they are also willing to file H1 extension based on X's pending labor. X won't withdraw my LC but since this is at the BPC level I could get 45-day notice anytime soon. And if I am not with X at that time, they will not reply and I could lose my LC.

Questions :
1> Whats the better option at the moment? New LC under PERM EB2? Or waiting for the non-RIR EB3 which has PD of 09/2001?

2> Does CIS check whether LC is really pending or they just look at SWA receipt that we submit? (in this case I am safe to make the move but if they somehwo notice that its revoked or not valid, I am screwed)

3> When Y applies for H1 extension sometime early next year will CIS look into my entry date ( which is only a stamp in the passport ) or the actual papers (I-129, visa and I-94) to count the 6 years.

4>Should I believe in this August 11 date at all or stick to May 11 as my expiry date? Its not my mistake that they gave me extra 3 months for no reason. All the documents say August 11.

5> Is it worth making such a big move for few more bucks at the cost of a four year old LC which protects me from retrogression? At the other hand Y is my dream company

You thoughts and suggestions are greatly appreciated. I understand that they will be just the thoughts and not legal advice.

Thanks
 
Can our cases be one of them??

There have been reports in the immigration lawyers community that some of the earliest priority date cases have been certified without issuing the 45-day letters. We hope that the Backlog Processing Centers adopt more flexible policy of adjudicating cases without issuance of 45-day letters unless the facts dictate need for such inquiries. Such flexible policy will help the Backlog Processing Centers to accomplish the goal of processing and adjudicating the mountain of cases in a given period of time.


I wish and hope that cases recieved in 2001 will be certified without issuing 45-day letter :)
 
ere have been reports in the immigration lawyers community that some of the earliest

Looks like none of has got certified....not sure how far this is true :confused:
 
dont want to spoil the hopes, but do remember that our cases are in regular queue, for which additional recruitment effort is also required, apart from 45 days letter. Ahhhhhhhh
Also seems like BEC hasnt even started looking at state cases, not a single 45 days letter reported yet for cases like ours. :mad:
 
True, how about cases that doesnt need any queries!! May be those cases could be approved without issuing 45-day letteres!

I know what you are saying, atleast we need some luck at some point :)
 
Message from Dallas BEC for email query...

Here is what I got from my attorney when I asked for the status :

We received today an email response from the Dallas Backlog Processing
Center . They indicated that thecase has been transferred to one of the Division of Foreign LaborCertification's Backlog Processing Centers but a new case number has not yet been assigned. The response went on to say that they are unable at this time to provide any additional status information on labor certifications. As you can see, the response was vague but as soon as we receive the 45 day notice from the backlog processing center, we will
notify you immediately.
 
Lets do something... Instead just waiting...

Please let me know guys whats your plans to proceed with our cases...

FunDesiDude said:
Hi,

I am ready to join in. Lets take some action now! Its really been frustating and we need to take concrete steps. So lets all join together and make some noises, Maybe then somebody will hear us.


-FDD

Friends,
I do not know how you are feeling about it, but should we not do something about the current situation. I was meeting a friend last week and he mentioned that some of his friends were in similar siutation, waited for 4-5 years for labor nothing happened and then they wrote a letter to local congressmen. Their requests were received, acknowledged. Their cases were promptly followed up with, status reported regularily and were approved soon.
I think we have a case now, we have been getting screwed all the time, cause of DOL's unfair policies.
-our cases were filed in May-Oct 2001, economic conditions at that time were different than when our cases were picked and remanded without any option.
-MS +6 months requirement/caluse was added later, after our cases were filed, even though some of us had that much experience we did not report it at the time of filing.
-Cases (with similar requirements) filed a few months b4 us got their GC 2-3 yrs back. Cases (with similar requirements) filed after us have received GCs, but we have been stuck ever since. How is the fair? DOL does not have a consistent policy for judging the cases.
-Even at the BECs we cannot expect that our cases would be picked up anytime soon caues even though we have one of the earliest PDs we are not in non rir queue though we had filed in RIR originally. Again people who filed later with similar requirements will get their GC earlier.
How do u feel about doing something about it? People in other forums are writing to Secretary of DOL and other politicians etc. Apart from contributing to those efforts we need to do something now. What are our options
-we should all write a plea to local politicians/DOL chiefs.
-consider filing a lawsuit, though we do not have much chance, but if we can get 5-10 people and collect some money and file a lawsuit, there is some hope, maybe there would be a push to our cases. DOL/SWA/BEC has just forgotten about our cases conveniently. We need to wake them up somehow.
We don't need to win that lawsuit, I think just filing it could make some difference and open a few e
yes. Also, once we file it, we could get more momemtum from other people.
Let me know what you guys think? should we just continue to suffer without making an effort? my lawyers like many others are inept and useless. They just know how to fill forms, i don't think they or DOL/BEC or anyone would do anything.
Am I right to assume that most of us in and around Bay Area? Should we get together sometime and take some action?

regards,
Click to expand...
 
friends,
i wrote an email to http://www.lccr.com/hwang.html
about our situation. Not sure if he would even care to reply. But I would ecourage that all of us should try to write to different people/mags etc.
USCIS_IS_MOCKERY has created a theread with letters to send out to senators etc.
BTW, I have also started to plan to go back home if I don't see something happening about GC this year. This is just ridiculous, 4 yrs and waiting for LC.
If we have no respect here, I am not gonna work here.
 
Can we file in perm??

When I asked about filing with perm ..this is the response I got form my Lawer.

PHP: 
The risk is that, if we file a PERM application, for the same position with the same requirements, then the DOL will cancel the old application- and if the new one is not approved, you are out of time and will have to leave for one year before returning in H status.

My question is:

Is it worth taking the risk and what kind of response we are getting from Perm?

Any ideas please share....

Thanks!
 
Remanded case got 45-day letter

Guys,

I found this post in one of thread. This case is remanded by SF DOL and it's PD is May2001.

"Just to update the tracker, I heard a friend of mine, whose PD is May 2001 SF RIR, received 45 days letter yesterday. He made several inquires to D-BEC, and before getting any respone in email, he was glad that he received 45 days letter. His name is Subramanyam Sankatacharya, we call him Swami."
 
[q]Got 45 days letter from DOL

It's great to us.

Did he get any requirements from SWA before He get 45 letters ?

My PD is SEP/2001 EB3-RIR and remaneded JUN/2003 , but I don't have any information or any requirements from DOL.
 
Finally!!!

LCA - 01 said:
Guys,

I found this post in one of thread. This case is remanded by SF DOL and it's PD is May2001.

"Just to update the tracker, I heard a friend of mine, whose PD is May 2001 SF RIR, received 45 days letter yesterday. He made several inquires to D-BEC, and before getting any respone in email, he was glad that he received 45 days letter. His name is Subramanyam Sankatacharya, we call him Swami."
Click to expand...

Finally we got one response......hope to see more 45-day letters in coming days.

Since our PD is way back in 2001... hope they will adjucate it once we respond :)
 
Wow! Lets hope we see many more of these letters...

I am so glad to hear that someone's case from our group is finally moving. Hope I get to hear the good news soon too...

I don't have my case no. My companys lawyers say we cannot give you the case no! I wonder why? Does anyone know how to get the case no. from DBEC?

Thanks,

- :)
 
Please update if any remanded case gets 45 day letter.

Hello everyone,

Please update the tracker if any of the remanded cases 45 day letter.
Seems like one of the remanded cases may 2001, has got a 45 day letter.

Update will help us to identify if there is consistant pattern of 45 day letter or just one odd case.

If it is one odd case then it could be an error. The case might actually have travelled to SFO DOL and candidate might not have been aware of it.

Lets hope that its not an error. May be soon some more will receive more 45 day letters.

Good luck.
Sangram.
 
correction

Hello friends,
I had reported earlier that I got a case number from Dallas BEC for my CA SWA remanded case. But in fact that case number belonged to my other labor filed from the same company from Chicago office last year.
When i sent them email in Feb, I had included my CA case #, company name and my name. I got a reply to it after a month, with a case number. So, I assumed that this is my Case number for CA.
But we got 45 day letter for chicago labor 2 weeks back and my lawyer told me yesterday about it, When I checkd the letter, it had the same case number that was sent to me earlier. So, when I sent them email in Feb they must not have entered my SWA data in DB, and used my name to find my chicago case number and sent it to me. Nothing in their email said which labor app or which address. So my assumption that it was in reply to CA case number is wrong, I have not received any letter or case number for my CA SWA appl.
Sorry for the confusion and disappointment.
More Days go by.
(Will enter my 5th year in 2 weeks!)
 
My situation

Hello,

I applied RIR EB2 (CA SFO)

Here are my case details.

PD - 6/28/2001
Transmitted to DOL - 2/25/2003
Remanded to SWA (RIR to TR) - 5/14/2003

:mad:

After that, I have heard nothing. I am currently on 1st 7th year extn, recently applied for 2nd 7th year extension. Hope GC goes thru before my company goes under. :)

Hope this torture is enough penance for all sins comitted by me in my previous lives - I must have been Hitler or something in my previous life to be in this situation :eek:

Well, all those of you who curse Govts. functioning in India and are in this boat should realise that Govts. suck everywhere. In India, at least you can bribe your way thru :D

This has been the ultimate test of my patience. Almost ready to pack my bags and go back to India in order to salvage my career :mad:

Good luck to others in the same boat. Any positive news for anybody in this situation will indeed by very welcome.

Ciao
 
SFO DOL - Auto Remand Cases - Agony continues

I just read from Immigration-law.com that they will be establishing a separate queue for non-RIR and RIR!! In that case I think we will be experiencing more dealy because as far I see, more wieghtage will be given to RIR cases than non-RIR (even thou they have mentioned that it will balanced).

As it stands now we just got one 45-day letter and even if we get one and respond to it. I am not sure when they will process/approve our cases because we have tons of non-RIR cases in April 2001 :mad:

When we had same queue for both RIR & non-RIR I had little hope because DOL will be under some pressure to get over cases based on FIFO (after 45-day response) to reach the RIR cases. Now then they are establishing seprate queue................it looks like sooner or later our cases will be in back burner and worst thing is no body here to understand or respond to our agony..............................................

Sorry Folks..........looks to me thats the fact!!!!!!
 
This S**KS

PD 08/2001
DOL RD 10/2002
Remanded 06/2003

No news after that. Working for a big company in bay area, on 7th year now. Everyone knows your situation, so cannot raise voice for promotion, raise etc., Life in india is far better than here..

Pathetic thing is that people who are applying after me are getting their GCs.

God please help
 
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