BEC NOF cases

Showing Final Review for the last almost 4 months...after rebuttal for NOF. Hope it will clear soon to certification

Case Type: EB2-NJ-RIR
Priority Date: August 2002
Got NOF on: December 11 2006
Replied for NOF: December 21 2006
ETA case number: P-05234-xxxxx
Right now: on H1 B 7th year extension
Case status now: In Progress
 
After NOF - status still shows as 'In process'

My status still shows as In process, my lawyer responded to NOF last week.
- Kev
 
Rebuttal was sent 3 weeks ago. Still shows "IN PROCESS". Recieved an email from the lawyer today saying that he has called and sent an email to PBEC and expects some response from them soon. 5 years and 5 months still havent passed 1st stage of GC process. Lost count of extensions. I think this will be the 10th yr extension.
 
Case Status 'DENIED'

My case status changed to 'DENIED' last week from 'IN PROCESS'. We were supposed to receive NOF (per PBEC) generated some where during mid Jan '07. But never received one nor Denial Letter. My attorney sending a letter requesting PBEC to reopen. Can some one been thru this situation before, please share your thoughts.

RIR GA EB3
SWA PD: March 13,2003
DOL RD: July 02,2003
45 day letter Received/sent: February 2005
Case # P-05012-XXXXX
Case Status : DENIED (as of March 22'nd 2007)
 
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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 stay put as TR?

What's the appeal process like if the case is completely closed?
 
Finally!

Finally my status is showing certified. It took almost 4 months since the NOF was responded. And it took over 4 years since the RIR was filed.

Good luck to everyone who is still suffering. I hope everyone gets the good news very very soon.
 
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DOL Ka Shikhar, Congrats! you have crossed this Shikhar!! Now we should get ready for CIS KA SHIKHAR!!! :)

Finally my status is showing certified. It took almost 4 months since the NOF was responded. And it took over 4 years since the RIR was filed.

Good luck to everyone who is still suffering. I hope everyone gets the good news very very soon.
 
Congrats! and good luck on your next stage!

Finally my status is showing certified. It took almost 4 months since the NOF was responded. And it took over 4 years since the RIR was filed.

Good luck to everyone who is still suffering. I hope everyone gets the good news very very soon.
 
NOF received dated 3/21/07

My employer received a NOF dated 3/21/07, the same day I received a response from "info" saying Status: NOF.

The NOF requests additional information re: the recruiting report. My lawyer says either (1) the originally submitted report was lost by PBEC, or (2) the report is somehow deficient. She will submit a revised report this week, and thinks PBEC will act on it (and hopefully cerify) within a few weeks. Let's wait and see!:rolleyes:
 
michi,
I had the same NOF, and it was easy to respond to. Good luck, you should be fine!

My employer received a NOF dated 3/21/07, the same day I received a response from "info" saying Status: NOF.

The NOF requests additional information re: the recruiting report. My lawyer says either (1) the originally submitted report was lost by PBEC, or (2) the report is somehow deficient. She will submit a revised report this week, and thinks PBEC will act on it (and hopefully cerify) within a few weeks. Let's wait and see!:rolleyes:
 
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 process is extremely slow, and don't wanna end up being there.

My NOF had three findings and we have satisfied DOL on the first two (prevailing wage and special requirements unduly restrictive). The third one on 1 year work experience is causing the trouble. We submitted two referral letters from previous employers stating that I had experience in performing research on the labor market of the software industry, designing and implementing market research, surveys, etc. The job requires experience in "designing, developing and implementing research projects on transportation industries, communities and their labor markets". And DOL has determined that my previous experience doesn't satisfy this.

I feel stupid both on my part and on the lawyer's. If I had known that DOL would be looking for the exactly same wording as the job requirements, I would've asked my previous employers to use those words to avoid this hassle. I thought the certifying officer would be smart enough to conclude it's the same type of job duties. And the lawyer was stupid enough not to have advised me on it. Now I don't know if we can simply change the referral letters or need to do something else.

Any advice, folks?
 
I guess it is in the hands of Attorney

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 process is extremely slow, and don't wanna end up being there.

My NOF had three findings and we have satisfied DOL on the first two (prevailing wage and special requirements unduly restrictive). The third one on 1 year work experience is causing the trouble. We submitted two referral letters from previous employers stating that I had experience in performing research on the labor market of the software industry, designing and implementing market research, surveys, etc. The job requires experience in "designing, developing and implementing research projects on transportation industries, communities and their labor markets". And DOL has determined that my previous experience doesn't satisfy this.

I feel stupid both on my part and on the lawyer's. If I had known that DOL would be looking for the exactly same wording as the job requirements, I would've asked my previous employers to use those words to avoid this hassle. I thought the certifying officer would be smart enough to conclude it's the same type of job duties. And the lawyer was stupid enough not to have advised me on it. Now I don't know if we can simply change the referral letters or need to do something else.

Any advice, folks?


Hi Eliane,

Sorry to hear about denial in your case. In this situation I guess it is in the hands of attorney how well he/she handles this one. Ask the attorney whether he/she already handled any such cases in the same scenario of yours.

Also post your query in philadelphia backlog center forum link and I guess more people can see and if they know they can give their opinon.

Good luck and I wish and pray for you and for everyone in backlog center to get cleared soon.

GC_Wait2002
 
Elaine...don lose hope..

Elaine, I feel I may know of something...which you may want to run by your attorney...if the issue is about experience letters not matching the requirement, because you know you worked on something and they did not fully quantify it in the experience letter, you can always request for a new experience letter from that company..however, your attorney will have to argue that it was a mistake on the company's part (who gave you that experience letter) that they did not fully justify what all you did for them..and after seeing this issue, their client recognized this and has procured the amended letter...I know an employer, who ...long back had told me an issue like this and how they rectified it....

The only thing is, your attorney has to be strong in this..run this by the attorney and see what he/she thinks..

Goodluck to you..by the way for my case, NOF was received in Mid Dec 06 and was rebutted in Mid of Jan 07, still inprocess...the issues were different than this ...but I am thinking that they did not completely analyse my case because I may end up getting one of these as well...
 
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 realized that the situation is much worse than I expected. We will have to enter an appeal process. I guess it will take a long time and the result will be highly unpredictable.

I wish I had realized how lousy and incompetent my current lawyer was when he screwed up my simple H-1b case four years ago. Now I'm definitely transferring the case to another law firm. Those of you who are indecisive as to whether to fire your lawyer, do it before it's too late!
 
Please suggest anything

As per attorney,
NOF issued in february 2007.
PW issue.
I getting paid very less,
Increase the pay, to 82xxx
attorney contact company,
company says OK.
make me sign a form for increase wages.
i sign,
HR send form to attorney,
attorney send to pbec.

then i get this Data Entry Assigned To:
Joan McDaniel - jmcdaniel
in info@ email

please suggest/help

PD march 27th 2005
NC
RIR
EB2
P-05221-95xxx

any suggestions will be appreciated.
attorney informed HR that NOF reply sent thursday of last week

sent a mail to info@ got reply in red small letters
NOF response received,
but data entry field is missing

My earlier wages was 42xxx and the PW was 84xxx and the company said yes to that figure.
Please suggest what happens next. Attorney already replied for the PW figure of 82xxx as yes
 
Questions regarding NOF and H1-B filing

Hi Guys,

I have a labor(transferred from RI SWA - EB2 PD 02/2005) which got approved last month. I also have another labor filed also under EB2(transferred from philadelphia DOL - PD 02/2004) which is still pending. Recently my employer received NOF for the Philly case and my attorney responded to the NOF few days back.

My H1-B status expires on 05-20-2007, will be filing 8th year extension.

My question to you guys is which screen shot should i use for filing H1-B. I mean the approved labor with PD(02/2005) or the one which is in pending status PD(02/2004). When i filed my for 7th year extension last year, my employer used the case with PD(02/2004 - Philly DOL).

Any advice will be greatly appreciated.

Thank You.
 
An appeal judge has more discretion than a BEC analyst. IF your appeal is properly filed I am sure your case will be approved.

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 realized that the situation is much worse than I expected. We will have to enter an appeal process. I guess it will take a long time and the result will be highly unpredictable.

I wish I had realized how lousy and incompetent my current lawyer was when he screwed up my simple H-1b case four years ago. Now I'm definitely transferring the case to another law firm. Those of you who are indecisive as to whether to fire your lawyer, do it before it's too late!
 
Certified

EB3-RIR

PD: 23-DEC-2002

Philadelphia PA

NOF: 23-Oct-2006 ( details on reason for rejecting ):confused:

NOF- replied- 24-Nov-2006:eek:

Online-status on 18-Jan-2007 : DENIED:mad:

attorney contacted PBEC

Online-status changed to INPROCESS on 12-Mar-2007:(

Online-status changed to CERTIFIED on 05-Apr-2007:D

Haven't received any documents:(
 
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