BEC NOF cases

Godblessblessus said:
...mine newpaper advertisements were 3 weekends, not consecutive days. Did my lawyer mess it up?
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From what you said here it sounds like, yes, the ad was messed up. The RI states three consecutive days, not three consecutive weekends. I'd assume that is why you got intent to deny. You have to follow that RI word to word.

From what my friend tells me - he is American who advertised for his company - is that they did not get many replies on the weekend and most of the resumes came on Monday and Tuesday.

As for difference between "intent to deny" and NOF, in your case BEC simply wants your lawyer to perform advertising the way they require but not how he/she thinks. If you do everything right this time, I'm sure they will certify you. Get yourself a good new lawyer and you'll be fine. It will just take you longer to get it and more nerves on the way there. I wish you luck.
 
thanks.

dc2000 said:
From what you said here it sounds like, yes, the ad was messed up. The RI states three consecutive days, not three consecutive weekends. I'd assume that is why you got intent to deny. You have to follow that RI word to word.

From what my friend tells me - he is American who advertised for his company - is that they did not get many replies on the weekend and most of the resumes came on Monday and Tuesday.

As for difference between "intent to deny" and NOF, in your case BEC simply wants your lawyer to perform advertising the way they require but not how he/she thinks. If you do everything right this time, I'm sure they will certify you. Get yourself a good new lawyer and you'll be fine. It will just take you longer to get it and more nerves on the way there. I wish you luck.
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thank you very much. I need to find another lawyer.

Again, I think guys here are more helpful than lawyers.
 
Wenzhu,
I had the same finding... just go with option A and you will be fine. If you provide proof of experience, that is all you need. Good luck!!


wenzhu said:
Rebuttal options:
A. Proof alien had experience prior to joining current company.
OR
A. Experience gained with current employer in a different job ( Not sure why A again?)
OR
B. Not feasible to hire another person or train due to Business Necessity.
AND
Job Existed before alien joined company, or reason for job creation after alien joined the company.
OR
Remove requirements.


I worked as a full time intern for over a year and the employer found a consultant company to hire me so that they can still have me working on the same project.I gained the required experience during my internship, but mistakenly I did not put it on the EAT750 form. My current employer ( consultant company) and I have planned to choose the first option A. My supervisor (client, has been my supervisor since I was an intern) has agreed to provide an experience letter for my rebuttal.

I have a few questions here:
1. What is the logic of the options above? If I choose option A( Proof alien had experience prior to joining current company), do I need to demonstrate the item after AND (Job Existed before alien joined company, or reason for job creation after alien joined the company)? I thought it is part of requests for B, but my attorney said we need to provide this part also. Anyone has done this before? Please clarify it for me.
2. Does experience gained during internship count?
3. If I needed to demonstrate Job Existed before alien joined company, or reason for job creation after alien joined the company, does it mean somebody else was working on the same job before me? This is a contracted position, it went through the bid process, but nobody worked on it before, I don't know if it's possible to provide payroll, resume, etc evidence they asked for.

Please advise,

Thank you for any inputs.
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Friends, Please help me.

My case is TR LC (PD 03/2003).
We finished newspaper advertisements on Feb, 2005 according to instructions from Ohio SWA.
The recruitment report was submitted at that time. Then my case was transferred to Backlog center..
Yesterday, I got "NOF" intent to deny from Dallas Backlog Elimination Center.
The finding is:
The employer's wage offer didn't meet the prevailing rate of wage..

I have some questions:
1. Who can make a decision on the prevailing wage? The Ohio SWA or Backlog center (My Case is TR)?
2. Is that possible that further recruitment is required?

What should I do?
1. Increase the salary according to the "NOF"? (My current salary is higher than the expected salary of Backlog Center).
2. Write back to the Backlog center and ask them to correct the wrong "NOF".
(My lawyer wants to do this way. He told me the backlog center trades my case as RIR other than TR because RIR's prevailing wage is determined by current job market and TR's prevailing wage is determined by the old job market.)

Any advice is appreciated. Thank you very much!
 
Waiting more than 3 months after replying NOF

Hello everyone, I am waiting for LC for more than 3 months (Overall 2.5 years) after sending NOF response not sure what's going on with DBEC…Does anyone on the same boat.
 
Case Certified ...

Hi,

I saw magic word 'CERTIFIED' last week. I am waiting for orignal papers.

Any one knows, how long it take ?

thanks
SRS
 
Dear Friends,
I am seeing PBEC online status as "DENIED" from 6 weeks.

Here is history of my case.
Got NOF on Dec 18th 2006 to response before Jan 21st.
Attorney requested another 30 days extension. Approved by DOL
We rebutted NOF on Feb 22nd, 2007.
Online status changed to "DENIED" on March 18th. No denial letter from DOL so far.
NOF had three items 1. To prove my MIS college degree 2. To prove 3 years of experience 3. Salary information. All the information was provided.

I am not sure what to believe at this point. Is online status is accurate?. Usually how long it takes DOL to sent letter if case is denied?. My attorney says we are okay online status is not built for NOF cases. It usually takes couple of months for DOL to response and NOF means same as "DENIED". Any comments or advice would greatly helpful to me.

Case -P05139-XXXXX
Prority date - 05/13/03
State - NJ RIR
NOF - 15 Dec 2006
NOF rebuttal - 22 FEb 2007
March 18th 2007 - online status "DENIED"
 
Just an update on my case.
April 30 my case shows "DENIED" on the public disclosure system.
May 3 Lawyer tells me that he has recieved an email from a senior officer at DOL say that my case is still "In Process".with analyst. Showing denied due to glitch in system. Still waiting....5years 6 months and counting.
 
On the same boat as you are

gc122004 said:
Hello everyone, I am waiting for LC for more than 3 months (Overall 2.5 years) after sending NOF response not sure what's going on with DBEC…Does anyone on the same boat.
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My attorney received NOF in Feb. Replied bacl on the last day permitted for the NOF response March 1st. I am still waiting .. haven't heard anything back from DBEC. My case still shows IN PROCESS. God only knows what is going on. My case is RIR and its already over 3.5 Years old case. Lets see how long it takes to get this lanor approved. My State Labor was filed from Wisconsin and State was CHICAGO I believe.

Thanks.

-D
 
hi guys,
My old labor was denied after replying to a lenghty NOF.
It got denied within a couple days of replying to the NOF .My co told me DOL most prob did not even look at the reply and issued the denial and that they woule definitely appeal it.
Meanwhile we got the perm approved and I-140 approved. now i followed up with the Co when it was about time to file the appeal and they said the DOl replied back saying that appeal could not be filed when one has 2 applns with the dept .......... is this true ???
anybody in a similar situation ? does this mean all chances on my old labor are all exhausted now ?? should i forget abt it?? this is very stressful since i don't want to loose the old PD of Dec 2004. My new perm pd is 2007.
just got out of one stressful situation of getting perm filed and i-140 approved hoping that old labor would be appealed etc.

please let me know the way out if any ????

Thanks in advance.
 
Help for Appeal!!!

Hi Guys,
Need urgent help and guidance on filling the Appeal to a case wrongfuly Denied. My attorney has sent an 'Inqury' and its not working.

If any one of you can spell the way to Apeal a case will be highly appreciated.
 
DOL_0903 said:
Hi Guys,
Need urgent help and guidance on filling the Appeal to a case wrongfuly Denied. My attorney has sent an 'Inqury' and its not working.

If any one of you can spell the way to Apeal a case will be highly appreciated.
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That's what I was able to find for your case:
The appropriate team will submit a Letter of Denial to be sent to the employer and attorney. The employer has the right to appeal the Final Determination to the Board of Alien Certification Appeals (BALCA). Instructions for appealing a denial are attached to the letter sent to the employer and attorney.
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So your lawyer must have gotten the instructions with your denial.
 
Denial without any letter?

dc2000 said:
That's what I was able to find for your case:
So your lawyer must have gotten the instructions with your denial.
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Here is the dire situation... we (attorneys and the employer) has not received any Denial letter. So they dont know, if an appeal can be made based on what they heard from the DOL.

Appreciate, if anyone can give me steps to rebutt the Denial or how to approach the BALCA? I would then try convince my attroney to do something.

Please help and thanks a lot in advance
 
Anyone got this kind of NOF ?

Hi Folks,

Here is my case.

Company A filed for my GC (EB3) in September 2001 which was remanded back to state under Carlson's law.

Company A got bought over by Company B. Company B re-filed in EB2 in June 2004.

The 2004 EB2 case got approved in Oct 2006.

Now DOL issued an NOF on the 2001 case saying "the need for the instant application appears void".

After waiting for almost 6 years I am screwed. My 2004 PD is not current and 2001 one is current but got an NOF.

Would appreciate if anyone who had a similar situation please respond. Would appreciate a response from the attorneys at immigration.com as well.

Thanks!
 
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Certified??

Today I got an email from the attorney saying the public disclosure system now shows my case as CERTIFIED. He has contacted PBEC to confirm. I had stopped checking it out. Was depressing to see the "denied". He expects hard copy in 30 days. I will believe it when I see it. 5 years and 7 months.
 
Congrats, nyoct2001! Hopefully you'll get your certified papers soon. Can you tell us more about it -- why did you get an NOF and how did you get out of it? I'm sure it will be helpful for everyone here. Thanks.
 
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