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I don't think the denial rate is that high. Or else this thread would have tons of postings already. It's been almost 2 months since my appeal and I haven't heard anything. Honestly I don't even know if DOL is processing my case at all. The case status online is still "denied".

Folks, Mlabor has recently been denied based on the finding that "the alien appeared not to have had the required one year of experience in the position offered prior to hire by the employer". During the earlier NOF rebuttal process, we submitted two reference letters from previous employers...

Advice needed on appeal! Folks, As mentioned earlier in my posts, my labor has recently been denied based on the finding that "the alien appeared not to have had the required one year of experience in the position offered prior to hire by the employer". During the earlier NOF rebuttal...

Thanks Shikar! My new attorney said I should provide additional evidence (reference letters, etc.) along with the appeal letter. Is that the normal process? I originally thought this is a two step process.

Thank you, GC_Wait2002 and Here4GC, for your kind words and encouragement! You don't know how much it means to me in this difficult situation. I originally thought it was sort of a second tier NOF process and I would only need to submit new evidence. After talking to another attorney, I...

Lawyer received the denial letter today. I'm given 35 days to get back to the "Chief Administrative Law Judge" of DOL with a request for review of a denied certification. So looks like it's not the end of the world. Is this the same as the appeal process? I've heard someone say that the appeal...

My EB2 RIR case status shows "denied" too after 4.5 years of wait. I'm not sure if this means that the entire case is denied or only the RIR eligibility. Hopefully the lawyer will get a letter soon that clarifies all this mess. Even then I'm not sure what to do. Try to convert back to RIR or...

Congrats, Sahil! And thanks for posting many useful comments on this forum yourself!

In process :mad: I also requested a screenshot and just got it. The status is "Final Review", but the salary information shows the old salary before we filed the rebuttal. Does this mean they haven't even reviewed my rebuttal yet?

I don't see why you can't do that. You can claim that you were using the same tools, etc. I think you can use BS +5yr for a new PERM. If you received master's before the promotion, why can't you use that as well? Does it really matter who paid for it?

You are absolutely right, Sahil. I shouldn't have waited this long. In January the lawyer said they sent a fax to BEC to request status and never heard back. I didn't know what to do. Now I'm calling the lawyer to get a letter out and also requesting case status via email myself.

I've been waiting since last Sept. What the heck is it taking them so long!

I also called PBEC's general number yesterday and asked to speak to my certifying officer. The operator wouldn't put me through and said the only thing i can do now is to check the online status. And as long as it still says "in process", I just have to wait. I'll see if I can get the fax number...

I thought I've been waiting long since rebuttal last Sept. Now you certainlly beat me in that category. My lawyer sent a fax to BEC to inquire about the case status 2 weeks ago but haven't heard anything. Is there any number we can call to talk to a live person at BEC?

Congrats, CherryGums! Good luck with the rest of the process! My rebuttal was sent back 3.5 months ago. Still "in process". Does anyone know if there is a way to get some additional information on the case status or push them for a decision?

Again, would we be able to maintain the original PD if EB2 140 gets rejected? The case that attorney cited was actually an exception. Her client changed job while waiting for LCA. She got an inquiry from Labor Dept asking for additional information on the case, so she changed the case info to...

Thanks for sharing, nonogc. One lawyer told us exactly the same: Nebraska Center doesn't give you a chance to downgrade to EB3 if EB2 doesn't make sense to them. They would reject the case. But do you think we may be able to refile 140 under EB3, so that we wouldn't lose the PD with the approved...

LCA requires MS+2 or BS+3. EB2's normal criteria is MS or BS+5. That's why we are also confused whether it's EB2 or 3

Checked w/3rd lawyer and she suggests that we try filing the 140 on EB2 anyway, because this position is a senior position and it pays senior salary. If 140 gets rejected under EB2, we can refile it under EB3. It's risky but probably worth trying. What do you guys think? She also said the PD...

Yeah, we are checking with a third attorney on the "when" question now :D I'll report back on what she says. It does sound like scenario A is more likely, based on this sentence "One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2...