BEC NOF cases

HI!
i have sent my 45 days letter on jan 25th and still no response dont know what to do.
long wait for the whole process since 2001
i have seen some certified cases online i hope mine will get there soon
 
I haven't received RI yet but the attorney said he got NOF from DOL, the findings are about the bonda fide of the company and the experience requirments. Can this happen to a non-RIR case? After we send a rebuttal, will I go thourgh RI, RRI again? How lucky I am!
 
Thank you all. This site has been a valuable source of information and support. Reading all the posts has been informative and reassuring. All the info is in my signature. Its taken 5 years and 7 months. Yesterday the lawyer got the hard copy of the LC. He is filing i-40 and i-485 concurrently. Wish you all the very best.
 
LC certified

This forum is a valuable source of information. A wealth of information exists here. My info is in my signature. Best wishes for all.
 
chiki12345 said:
This forum is a valuable source of information. A wealth of information exists here. My info is in my signature. Best wishes for all.
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Congratulations, chiki12345. My cases got denied after rebutal too. My attorney tried to contact DBEC several times, but no response. Could you please share with me how your lawyer contacted DBEC? Any information would be very appreciated. Thanks and good luck to you on 140/285.
 
zicheng said:
Congratulations, chiki12345. My cases got denied after rebutal too. My attorney tried to contact DBEC several times, but no response. Could you please share with me how your lawyer contacted DBEC? Any information would be very appreciated. Thanks and good luck to you on 140/285.
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Congrats Chicki1....

Could you please share, how your attorney contacted BEC.

My case is Denied but I dont have any denial letter... one wierd situation as per my attroney
 
Attention: DOL_0903 & zicheng

The NOF letter had a coversheet to be used while filing rebuttal to the NOF.
That cover sheet had name and phone/fax number of the analyst working on the case.
A few days after the rebuttal was sent, my case showed up as 'denied' on the DOL website, so I contacted my attorney. The attorney then contacted that particular analyst. After that in a couple of days the labor cert was approved.

Good luck !
 
Attention: chiki12345 & DOL_0903

chiki12345 said:
The NOF letter had a coversheet to be used while filing rebuttal to the NOF.
That cover sheet had name and phone/fax number of the analyst working on the case.
A few days after the rebuttal was sent, my case showed up as 'denied' on the DOL website, so I contacted my attorney. The attorney then contacted that particular analyst. After that in a couple of days the labor cert was approved.

Good luck !
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chiki12345, thank you so much for the information. There was a coversheet with a name. But no phone/fax number on it. My attorney just tried the public phone number and email addr.

1. Do you happen to know by which mean your lawyer contacted the analyst. By phone call, email or fax? Is it a particular number or email addr?

2. Did the contact happen before or after the due date?

Thanks
 
Finally get some update on my case but it's a bad bad news. My employer received NOF from PBEC stating the following reason:
The job requirement doesn't require any work experience and only bachelor degree. Therefore, PBEC asks for
1. Resumes of all applicants
2. Letters from applicants who decline the job offer stating the reason why the job opportunity is denied
3. College transcript for those not met the requirement
4. Written statements from applicants who declined an interview

In the recruitement report that 79 applied, 51 not possess necessary skills. Out of the remaining 28, only 3 were interviewed. There's no way that the company had those information.

Ironically, several other colleagues that use the same job requirements all got approved long ago. The only difference is that I was sent to PBEC and they to Dallas.

Anybody has suggestion? Any suggestion is appreciated. I don't think I can get any meaningful help from the attorney.

Thanks in advance
 
I-140 Certified!

At last I got sweet news today that my I-140 got approved. My labor is still "In-progress" in DBEC after submitting NOF (NOF Responded on Feb 1st week) but my employer used labor substitution with the same priority date as my pending labor and we file I-140 2 weeks back in premium process and it got approved today. Finally I came out of this mess.

I want to thank everyone and good luck to everyone!
 
LC apprroved after two NOFs

Thanks to all of you who provided suggestions. This forum is a great source of information and encouragement.

After a long wait of about 5 years, I found out today from online status that my LC has been Certified. I couldn't beleived it, since I just had checked it in the morning and it was IN PROCESS at that time.

Here is my history..
I joined the current company in 1998 as Programmer, later promoted to Systems Analyst in 2000. LC filed in 9/2002 for Systems Analyst.

LC listed my job as Systems analyst from 1998, when it was 1998-2000 programmer, and 2000-current as systems analyst.

We got 1st NOF to prove bona fida job opportunity, since the lawyer had been suspended.

2nd NOF was about minimum job requirements (experience with certain tools). They asked if I had the experience prior to joining the company, or with a different job at the current company, or it is not feasible to hire a worker and train. We chose the 3rd option to show that it is not feasible to hire a worker and train, since there is no one to train, and also that my experience was as programmer first. We ammended the LC form section B. It was a big response 40 pages long with letters from my previous manager and about 200 pages attachments showing the situation as it is. Some people suggested just get an experience letter from back home... but I wouldn't feel comfirtable.

Today my LC got approved.

LC PD: 9/2002
EB-3, RIR, NY
Case: P-0511x-xxxxx
45-days letter 11/2005
45-days letter replied 11/2005
Status: Data Review
Status: In Process (after 1/25/2007)
NOF issued: 1/25/2007 (Bona fide job oppurtunity - asked from company details, tax, insurance...)
Applied for 10th Year H1-B ext. 2/18/2007
NOF Replied: 2/19/2007
Online Status: In Process
10th year H1-B approved 2/25/2007 (valid until 7/2008)
NOF issued: 3/15/2007 (Minimum Requirements - all experience with current employer)
NOF Replied: 4/17/2007 (Unfeasible to train a worker and job created due to business necessity)
LC Approved: 6/12/2007 : Online Status: CERTIFIED
 
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Certified today as per online check

Finally... thought this day would never come.:) :) :)

Good luck to all who are still in limbo here, and thanks for the support!
 
How to Rebutt a Prevailing wages NOF

How to Rebutt a Prevailing wages NOF

A. Do we have to support it with current salary

or

B. Support with a letter saying this 'will be' the salary company will offer at the time GC is done

Please advice
 
There are rebuttal instructions on the NOF. Your employer has to just sign on the ETA form with the increased salary and return back. I too got the same NOF on May 14, we responded on May 19th and DOL received rebuttal on May 23rd. Waiting for update since then


PD Aug 2004
EB3 - RIR
45 Day letter - Mar 2005
NOF May 14 2007
NOF Replied May 19 2007
Online Status - In Process
 
PW NOF's are NBD (No Big Deal.) The BEC is doing some stupid thing and is using their own weird rules for prevailing wages. All you have to do is have your employer cross out the old wage, write in the new wage that they want, and initial next to the change. That's it! We've done this TONS of times, and every single one (knock on wood) has come back approved.
 
Thanks for your encouraging words. I am keeping my fingers crossed. I spoke with My lawyer and she too is hopeful......did you get an NOF as well and how long did it take to clear out. I got one from Barbara Shelly....do you know anything about how quick is she in responding to NOFs ?
 
Barbara Shelly is the CEO of PBC.. ALL NOfs are issued/signed by her... PBEC is pretty quick in getting to NOF reponses.. Keep checking the website, after the NOF response is submitted.... Mine was approved next day, however it did not get updates on the website for a month... just be optimistic and patient......

ncaug2004 said:
Thanks for your encouraging words. I am keeping my fingers crossed. I spoke with My lawyer and she too is hopeful......did you get an NOF as well and how long did it take to clear out. I got one from Barbara Shelly....do you know anything about how quick is she in responding to NOFs ?
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Thanks Sahil !! I am assuming you received your certified LC and thats how you figured out that website has not been updated. If so, how long did it take to receive your LC after the rebuttal ?
 
Im in same situation - NOF responded to and still waiting

I am in a similar situation with NOF responded to and PBEC even acknowledges they received it April 1st week - but its still waiting to be reviewed by analyst.

My NOF was proof of experience in prior company - and we rebutted with letter from former manager

IN PROCESS
oct 2003 GA RIR
NOF received by PBEC in April 1st week

st4rguitar said:
PW NOF's are NBD (No Big Deal.) The BEC is doing some stupid thing and is using their own weird rules for prevailing wages. All you have to do is have your employer cross out the old wage, write in the new wage that they want, and initial next to the change. That's it! We've done this TONS of times, and every single one (knock on wood) has come back approved.
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