Vidya

Hi,

I have a question regarding the newspaper advertisement given when
applying for greencard.

If my company gives advertisement now and files it in december 2003 in
newjersey which is currently processing november 2001,which is almost
a 2 year backlog.

If this speed continues then they will take my application after 2
years which will be in the end of 2005

1)So what happens to the results of the advertisement given now?

2)After 2 years the job market might be different right?


3) Or am I wrong about that i.e they check the result of the job
market first and then put my application back in the queue?

4)What is the exact process in this matter?

Please Clarify

Ingo Pakleppa - See Web Site For Email

On Tue, 28 Oct 2003 06:21:46 -0800, vidya wrote:

    > Hi,
    >
    > I have a question regarding the newspaper advertisement given when
    > applying for greencard.
    >
    > If my company gives advertisement now and files it in december 2003 in
    > newjersey which is currently processing november 2001,which is almost a
    > 2 year backlog.
    >
    > If this speed continues then they will take my application after 2 years
    > which will be in the end of 2005
    >
    > 1)So what happens to the results of the advertisement given now?

Your employer has to interview the applicants now, and then include the
results of the recruitment in the application. DoL ignores the fact that
the case has been sitting on the shelf for a few years; they simply
process it as if the recruitment had happened yesterday.

    > 2)After 2 years the job market might be different right?

That's irrelevant. Even in 2005, they would still look for testing the
2003 labor market.

    > 3) Or am I wrong about that i.e they check the result of the job market
    > first and then put my application back in the queue?

Well, no, that's not how it works. They do not check the results of the
job market in the first place. They just check that your employer made
reasonable good-faith efforts to hire Americans. If they see that your
employer did that, they simply put a stamp of approval on the forms.

Vidya

Thanks for the reply.

So do you think it is actually an advantage to the applicant that the
DOL is processing the application 2 years after it is filed?

Just suppose the employer was not able to find any qualified American
or nobody applied for that job, the employer can always say that at
that time we were not able to find anybody.

Does the Labour Department generally accepts that?




Ingo Pakleppa - see web site for email <> wrote in message news:<>...
    > On Tue, 28 Oct 2003 06:21:46 -0800, vidya wrote:
    >
    > > Hi,
    > >
    > > I have a question regarding the newspaper advertisement given when
    > > applying for greencard.
    > >
    > > If my company gives advertisement now and files it in december 2003 in
    > > newjersey which is currently processing november 2001,which is almost a
    > > 2 year backlog.
    > >
    > > If this speed continues then they will take my application after 2 years
    > > which will be in the end of 2005
    > >
    > > 1)So what happens to the results of the advertisement given now?
    >
    > Your employer has to interview the applicants now, and then include the
    > results of the recruitment in the application. DoL ignores the fact that
    > the case has been sitting on the shelf for a few years; they simply
    > process it as if the recruitment had happened yesterday.
    >
    > > 2)After 2 years the job market might be different right?
    >
    > That's irrelevant. Even in 2005, they would still look for testing the
    > 2003 labor market.
    >
    > > 3) Or am I wrong about that i.e they check the result of the job market
    > > first and then put my application back in the queue?
    >
    > Well, no, that's not how it works. They do not check the results of the
    > job market in the first place. They just check that your employer made
    > reasonable good-faith efforts to hire Americans. If they see that your
    > employer did that, they simply put a stamp of approval on the forms.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
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    > http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - See Web Site For Email

On Thu, 30 Oct 2003 07:41:44 -0800, vidya wrote:

    > Thanks for the reply.
    >
    > So do you think it is actually an advantage to the applicant that the
    > DOL is processing the application 2 years after it is filed?
    > Just suppose the employer was not able to find any qualified American or
    > nobody applied for that job, the employer can always say that at that
    > time we were not able to find anybody.
    >
    > Does the Labour Department generally accepts that?

They have to. Of course, it is not enough to merely *say* that at the time
you weren't able to find anybody. You have to be able to prove it. That's
what the advertising etc. are for.