thecipher5 said:Hello,
My PERM labor application was submitted on 26th Jan 2006 and its been 90 days but haven't received any approval?
Has anyone experienced this long delay? Is there a way to check the status or contact the DOL (either myself or my co. HR)?
I've seen here that some got within 90 days. Did anyone contact the DOL?
All advice appreciated.
thecipher5
mvinays said:My PERM was filed by my employer on April 27, 2006.
EB2, MS+0
O*NET Code: 15-1031.00
SWA: Maryland
SVP 7 to< 8.
H-12: Yes.
My employer received the sponsorship e-mail in 3.5 hours after submitting the PERM application and he responded to it. It displayed the following message in the browser:
Sponsorship Questionnaire Submission
Thank you for completing the sponsorship questionnaire. You will receive an e-mail verifying submission. If you do not, Please contact the Help Desk at PLC.HELP@dol.gov
However, my employer never received the confirmation e-mail from DOL. He already checked his spam/junk e-mail folder and it is empty.
Has anyone been certified without receiving the confirmation e-mail after answering the sponsorship e-mail questionnaire?
My employer clicked on the sponsorship e-mail's link again and he got a message in the browser stating that the response to the sponsorship has already been received. He has e-mailed PLC.Help@dol.gov today requesting the confirmation e-mail.
Has anyone had a similar experience? Will this cause any problems for approvals? Please share your experiences. Thank you!
Current status is "In Process".
espresso said:Dear mvinays,
what is the answer to the question H.14 (skill or other requirement) ? Did you specify something there?
Thanks.
mvinays said:In my case, H-14 says "Skills required in Software A, Software B, Software C and Software D."
However, note that if you put any skills requirement in H-14, be prepared to prove to USCIS at I-140 stage that you actually acquired those skills through MS+0 (or whatever other minimum job requirement you may have for your case).
Also, your employer cannot reject US workers based on lack of skills mentioned in H-14 if those skills can be acquired by the US workers through a "reasonable" period of on-the-job training.
DOL does not explicity say what "reasonable period" means. Most lawyers interpret this to mean a few days to a few weeks. If the skills are acquired through two or more semesters of University coursework, lawyers may choose to argue that a semester or two semesters-long course(s) in a University is quite a long period of learning and hence it is not a reasonable period.
espresso said:Thanks for your feedback. Can I ask you one more?
I don't understand the reason for this: "However, note that if you put any skills requirement in H-14, be prepared to prove to USCIS at I-140 stage that you actually acquired those skills through MS+0 (or whatever other minimum job requirement you may have for your case)."
Thanks. Appreciated.
mvinays said:USCIS consisers whatever mentioned in box H-14 to be a "requirement". They see the minimum job requirements as well as "special/other requirements" as stated in box H-14. thUSCIS expects you to meet meet all of those "requirements" as stated on the Labor Certification (9089) before the date of filing of 9089 (Priority Date).
espresso said:As I understand, the determination that you mentioned is being done through LC process. I think USCIS verifies if the employer is capable of paying the offered wage permanently based on the labor certification. The qualification of alien should be primarily validated through LC, and what USCIS does is to determine the petition is going to be valid for EB1/2/3. That's why there is a reason for LC denial as "the alien labor doesn't meet the minimum requirement of the offered job."
Ding1000ma said:Guys, Applied for my EB2 labor on April 27th got cleared today according to my attorney.
nsb said:Applied: 04/19/06
Approved: 05/06/06
EB2/5 years experience.
Got the call today as perm approved, I didn't know any more details. Employer in PA applied through Atlanta.
Best of luck to you all, see you I140 thread.
Ding1000ma said:I don't know anything about sponsorship e-mailquestionnaire. My Attorney/Employer did not talk about this. As soon as he filed my perm application they told me that they filed it, afterwards today I got mail saying that my labor got cleared.