SFO DOL - To track Auto remand Cases!!

SFO DOL - Remand Case

My case is filed in EB3
PD: 07/02/2001
RD: 04/24/2003 (RIR remanded to traditional labor certification)

Any idea where my case would be and when can I expect 45 day letter?

My case is manually remanded to traditional. Is BES handling manual/auto remanded cases separately?

Good luck
 
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Maybe, some hope for the hopeless

Hello,

Maybe, if Kennedy McCain Bill passes, we won't need Labor Certification after all - it might become possible to apply for Adjustment of status (485) right away if one has completed 3 years on H1

In one of the other forums, I found the following :

---------------------------
Quote:
Originally Posted by sbdol
Guys look at today's http://www.immigration-law.com/

Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
I hope I understand it right.
-----------------------------------------------------------------------

SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:

`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.

`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--

`(i) the employer or any collective bargaining agent of the alien; or

`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.

Does this non-immigrant status refer specifically to H-1B or H-5A or both?


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

My response to that forum is this. If anybody knows where 101(a) doc is, please point it out. I am pasting post in the other forum here as well.

-----

(ii)(b) or (ii)(c) of section 101(a)(15)(H)
I have been trying to find what this clause means. Haven't been able to obtain a new document.

As per older document, I feel a little hopeful.

http://uscis.gov/lpBin/lpext.dll/in...b-act101a15hiii

As per above 101 (H) (sections iia and iib are)

(ii)
(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of the Internal Revenue Code of 1954 and agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), of a temporary or seasonal nature, or



(b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or ...................


......

As per ii(b), I think H1 B qualify, but this is old document for 101(H) - read doc 101, section H. I haven't been able to find 101(a) anywhere - if anybody knows where it is, point this out in the forum.

Thanks.

M
 
marin_count said:
Hello,

Maybe, if Kennedy McCain Bill passes, ........(b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or ...................
Click to expand...

there is an "or" after "medical profession", meaning there are exceptions other than medical profession. any insight about what are they?
 
GCSyndrome said:
there is an "or" after "medical profession", meaning there are exceptions other than medical profession. any insight about what are they?
Click to expand...

typically, they are inclusions (additional clauses), so don't worry. Currently, there is a iii) part which reads -

(iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily to provide productive employment; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him;

M
 
Maybe, some hope for the hopeless

Hello,

Maybe, if Kennedy McCain Bill passes, we won't need Labor Certification after all - it might become possible to apply for Adjustment of status (485) right away if one has completed 3 years on H1

In one of the other forums, I found the following :

---------------------------
Quote:
Originally Posted by sbdol
Guys look at today's http://www.immigration-law.com/

Maybe wel will not need this labor certification after all. Something tells me that this bill is going to pass. And it looks like there is no room for the Department of Labor
I hope I understand it right.
-----------------------------------------------------------------------

SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:

`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.

`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--

`(i) the employer or any collective bargaining agent of the alien; or

`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.

Does this non-immigrant status refer specifically to H-1B or H-5A or both?


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

My response to that forum is this. If anybody knows where 101(a) doc is, please point it out. I am pasting post in the other forum here as well.

-----

(ii)(b) or (ii)(c) of section 101(a)(15)(H)
I have been trying to find what this clause means. Haven't been able to obtain a new document.

As per older document, I feel a little hopeful.

http://uscis.gov/lpBin/lpext.dll/in...b-act101a15hiii

As per above 101 (H) (sections iia and iib are)

(ii)
(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of the Internal Revenue Code of 1954 and agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), of a temporary or seasonal nature, or



(b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or ...................


......

As per ii(b), I think H1 B qualify, but this is old document for 101(H) - read doc 101, section H. I haven't been able to find 101(a) anywhere - if anybody knows where it is, point this out in the forum.

Thanks.

M
 
GC23 said:
I cannot find this message. Can you copy this message and post this to the board ?
Click to expand...

I am copyting the message here
nov_2002 said:
Originally Posted by nov_2002
My co-worker (our attourney) recieved a IOR for him last week, his case details are
PD 2001 April - (RIR)
KickBack - June 2003 - gets to Non-RIR Q
Jan 2005 - 45 Day letter
May 2005 - IOR

The Attourney has lost hopes in responding to this application
Click to expand...
 
Any update???

HI Folks,
do we have any update or any news??????

As far as GC/Labot cert goes I think we are the most unlucky folks.. :mad:

At last my attorney woke up (!!) and they are planning to sent a letter to BRC to find about my case status. I am not sure whether we will get any kind of respond!!
 
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I know the response he will get

Dear Requestor:



The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.



The new case number is: NOT YET ASSIGNED



Your 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 additional 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 and additional information will be requested from the employer if needed.

Please do not request additional status information for at least 90 days after responding to the 45-day letter.

Sincerely,



DFLC Backlog Processing Center
 
Yes.. you are right, he is going to get the same message. My attoney asked for the status and I got the same message.... :(

Days_go_by said:
Dear Requestor:



The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.



The new case number is: NOT YET ASSIGNED



Your 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 additional 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 and additional information will be requested from the employer if needed.

Please do not request additional status information for at least 90 days after responding to the 45-day letter.

Sincerely,



DFLC Backlog Processing Center
Click to expand...
 
Why my new case number from Dallas BPC starts with T?

My case:
CA SWA PD: 11/2001
DOL RD: 10/2002
Manually-remanded back to CA SWA as Non-RIR: 8/2003

No news till two days ago that I received a response from status@DAL.DFLC.US:

The purpose of this letter is to acknowledge your request regarding the status of the above-referenced case.

The new case number is: T-0XXXX-XXXXX <==== why this case number starts with "T", no "D" as shown in other cases???
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 additional 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 and additional information will be requested from the employer if needed. :(
 
CA - Auto remand cases -----any news/approvals??

Folks,
I know its tooooo early to talk about approvals. At least did we get any news from your attorney or website regarding auto remand cases???

Please post here.........I know there are lot of threads coming up every day. I think it will be good idea for us to encourage each other and post any news related auto reamand cases. So that we dont have to spend lot of time tracking or to know whats happening to our auto-remand (CA - SWA/DOL) cases.

Thanks!
 
no movement yet on remands

Icarus Icarus is offline
Registered User

Join Date: Oct 2004
Posts: 297
Quote:
Originally Posted by GCPD0102
Can you please give some idea on how the "RIR cases which DOL denied RIR and Remanded to state" are treated at the BEC?

_________________________
RIR Missourie
PD 01/16/2002
RD 04/08/2003
DOL Denied RIR and Remanded to State
ETA # D05097-XXXXX
45 day letter received from Dallas BEC 4/18/05
45 day letter replied 4/19/05

----- reply below--------------
Depending on reason for remand....it's on a case by case basis. If the recruitment is shoddy (or declared so by the original remanding region), the case is worked as TR, which is what the SWA would have done anyway.
 
----- reply below--------------
Depending on reason for remand....it's on a case by case basis. If the recruitment is shoddy (or declared so by the original remanding region), the case is worked as TR, which is what the SWA would have done anyway.[/QUOTE]

What do TR Means??

How come there is not even single 45-day letter? Looks like thery have started apporving RIR cases with Apr/may 2003. To me its so unfair :(


In the begining we were told that it will be FIFO...looks like now our cases will be at the bottom of the queue........somebody pls help!!
 
TR is traditional case. NON RIR in other words.
Some people did post having received Temporay case numbers for SWA/remanded cases.
I haven't seen any 2003 cases being approved yet. And we haven't seen a flood of 2002 RIR cases, just a few.

But I agree with you this is not a FIFO, Phily is infact to a certain extend following the FIFO.
We can't do anything about it, we have waited for so long, hang in there buddy.
All we can hope is that Dallas SWA queue would wake up someday and approve our cases, and hoepfully we woudl get a slight advantage in the next phases.
I think a timeframe till the year end is what we should have in mind.
 
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