googler1234 said:EB2
PD 1/19/6
Denied 4/17/6
Guys,
My attorney recieved letter saying it was denied because one AD was older than 180 days. Strange thing is, that they are wrong. All recruitment efforts were done between 90-30 days before filing PERM. I am baffled how could they make a mistake like this. Any ideas what I should do??
Job order 12-15-05 to 1-15-06
prof journel ad 11-1-05 to 12-1-05
Web site 11/5 to 12/5
News paper 12/05 to 1/06
recruit firm 10/05 to 11/05
Whats wrong with above recruitment effort??? Any ideas??
mvinays said:Take the earliest date of all possible recruitment steps (including job order) and see if it falls 180 days before your priority date (1-19-06). This appears to be the reason as per your denial letter.
Also, there must be a 30-day "quiet" period after job order has been posted. Your job order ended on 1-15-06 and ur lawyer filed on 1-19-06 (just 4 days after job order end date). This is another reason for denial.
Also, take the latest end date of all possible recruitment steps (including job order) and add 30 days to get the earliest date one can file PERM.
Use the date calculator below for your convenience:
http://cgi.cs.duke.edu/~des/datecalc/datecalc.cgi
googler1234 said:Thanks for the reply...
I talked to the attorney, and I would like to clarify the dates again:
Employer web site 6-15-05 to 12-15-05
employement firm 6-15-05 to 10-31-05
prof journel11/26/05
newspaper 10/19/05
job order11-15-05 to 12-15-05
job search website 11-15-05 to 12-15-05
PD 1-19-06
PD minus 180 days= 7-19-05
All efforts seems to fall within 180 days, except the start dates on first two are off by a month, but even those clearly extends into 180 period of time.
Does this mean that start dates of efforts , and not the end date, should be within 180 days?
Any suggestions?? Should I reapply?
googler1234 said:Thanks for the reply...
I talked to the attorney, and I would like to clarify the dates again:
Employer web site 6-15-05 to 12-15-05
employement firm 6-15-05 to 10-31-05
prof journel11/26/05
newspaper 10/19/05
job order11-15-05 to 12-15-05
job search website 11-15-05 to 12-15-05
PD 1-19-06
PD minus 180 days= 7-19-05
All efforts seems to fall within 180 days, except the start dates on first two are off by a month, but even those clearly extends into 180 period of time.
Does this mean that start dates of efforts , and not the end date, should be within 180 days?
Any suggestions?? Should I reapply?
mvinays said:Yes, all start dates of all recruitment efforts (including job order and notice of filing) MUST NOT BE MORE THAN 180 DAYS BEFORE your priority date.
googler1234 said:Thank you guys for your help!
I am still confused. As I read the regulations, nowwhere I find where it should say all steps must commence within 180 days prior to filing. It says "occur", and not "commence". Could this be a ground for reconsideration?
And If appeal, is it possible to withdraw appeal later on, incase if I want to re submit new application. My prof Ad is past 180 days, therefore, If I place a new ad now, I will have to wait 30 days. And in next 30 days the job order and other steps will expire as well.
Whats the best course of action in this situation? Just do all over, or appeal on above grounds while prepare new application, or just forget the appeal?
Thank you for all the advice!
jjlucus said:Applied 11/23/2005
Selected for Audit 3/3/2006
Material for Audit submitted 4/3/2006
Approved 4/25/2006