BEC NOF cases

Hi,

My employer just called the 202 number to check my status. Everything sounded ok until we asked if there was any notation and the guy said looks like there was a recommendation for NOF. We asked if it means that we are definitely going to receive a NOF and his answer was maybe. The Certifying Officer may decide to override the analyst's recommendation.

I am an EB2-RIR in DC and have been waiting since Nov. 2002. After browsing through related topics on the forum, it looks to me that PBEC is issuing more approvals to early 2003 PDs and more NOFs to RIRs in the latter half of 2002. Maybe we are unlucky that our cases got into the hands of an overly stringent analyst. I certainly don't want to see NOFs issued for more of us, but these analysts need to follow the same set of rules instead of determining the course of our life arbitrarily. What can we do about it?

BTW, are there people who filed from DC here? I haven't seen any approved.
 
NOF Recieved

Received the NOF dated July 6, 2006 on Jul 10th, 2006. Here is the reason for the NOF in their words.

The Reduction in Recruitment (“RIR”) request was denied “because the labor market information in the area of intended employment indicates that there are available U.S. workers.”

Currently the lawyer is rebutting /appealing for changing the case from TR to RIR. Aug 10 2006 was the last date to rebut the case. I have been waiting for almost 4 years to find out that my RIR application has been denied. And now, not knowing what will happen in even worse.

Anyway...Good luck to everyone.
 
Nof

Hi stunpad,
I also received a similar NOF on prevailing wage. Just wanted to know if your lawyers rebutted the NOF and what was their argument. Would appreciate if you could share your thoughts on this matter.

Thanks.
 
Following the common sense it would be very easy to sue DOL for these NOFs

1. Why did the state level pass the application ?
2. It would be justified if the NOF was issued in a reasonable time. Instead DOL waited till most applicants cross the 6 years limit of their allowed stay in the US on H1B visas and then denied the applications thus not letting them to reapply.
On the other hand PERM users have approximately 12 * 6 = 72 attempts if they chose to apply each months for example.

However I had very bad experience trying to organize a lawsuit last year in this forum. We found a a lawyer who agreed to take the case, organized exceptionally safe and reliable fund raising campaign and guess what ? Only a five of so people came forward and donated a few bucks.
 
Nof

Hi ChitChat,

Well according to my attorney ( dumbo or super money minting machine???) just collect 2-3 wage survays in local for similar title and justify the salary why it was low in 2002.

Or

Just change the ETA 750 form with new salary rise and a company offer on letter head saying company is ok with paying that 40% more salary on getting the GC.

Just waiting for the final copy after correction from my lawyer. This week we will be resubmitting 750 again.. God knows what happens aftre that.

what was your NOF exact words? would u share with me? stunpad@yahoo.com

tks
stunpad :eek:
 
Nof

Folks..

I got an NOF for wage and experience..

for NOF on wage.. my company is buying a local wage survey that was conducted recently by a 3rd party.. I think it cost about $600-$700 for the survey.. it details the local wage requirements..

For the experience.. i have included my internship and other experience in India which brings my experience to more than the required in my sector of the industry..

My lawyer sent the documents to DOL on the 15th of Aug.. Lets see what happens.. From the earlier posts it sounds like NOF are approved fairly soon. I saw someone's NOF rebuttal approved in 2 weeks after application !! Excellent..

DOL is impressive when they put their mind to it..

Good luck to all..

Tom Puvathoor
 
NOF rebuttal

Hi ChitChat, Povathoor....

We have amended ETA750 and submitted on 11th Aug.2006 lets wait and see.
Simply agreed for the salary rise.


Povathoor.... Did they mension any thing abt readvertising? or something towards that in future? :confused:
 
Nof

Hi WaitingforCALC,

Can you share more details abt ur NOF?
Does DOL says resources are available only based on experience and the title?
or any otherwords they used abt salary or anything else?

Your feedback would be really helpful for many readers.

tks
stunpad :confused:
 
stunpad said:
Povathoor.... Did they mension any thing abt readvertising? or something towards that in future? :confused:
Click to expand...

My NOF also had the salary issue.. i.e. DOL felt that my kind of roles should be paid more.. We tried to justify that this was not the case.. If my company agreed to give me the 20% raise, then DOL might ask to readvertise (once for 1 day)..

Tom Puvathoor
 
NOF rebuttal LC CLEARED

Hello Guys,


as I said earlier, I have amended the ETA750 to show rised salary, (what ever the DOL asked me to put it on paper) and reapplied.

Today My employer got a letter saying.. ETA750 has been approved.

EB2 RIR NJ
PD 2002 AUG
45DAY NOTICE. nov 2005
NOF JULY,2006
CLEARED AUG 2006

All the best everybody.
 
Last edited by a moderator:
Dbec - Nof

I called my attorney to check the status of my LC application. She told me that in early Aug the DBEC contacted her on prevailing wage issue and she has responded back. It is the same issue for which I had NOF at state level. Lets c what happens!
 
Received NOF for Intent to deny

Guys
Finally after a wait for 4years 1 month, my company received a NOF for Intent to deny. The application is dated Sept11,2006 and we have time till Oct 16th to reply. It says "there were 54 individuals who applied for the job opportunity,According to your result of recruitment, six of them are qualified and given interviews yet you did not hire any of them".

Please let me know if any body with the similar kind of NOF already successfully rebutted and what kind of documentation or proof was submitted?

Thanks
 
UG. said:
I called my attorney to check the status of my LC application. She told me that in early Aug the DBEC contacted her on prevailing wage issue and she has responded back. It is the same issue for which I had NOF at state level. Lets c what happens!
Click to expand...

I guess I'll be in a similar situation soon...I had a NOF about prevailing wage from CA SWA - now its in PBEC and left aside...I believe the next step is a NOF from PBEC...

I wonder why BECs are issuing NOF again for the same issue. Does anyone have any insight?
 
Nof - Heeeelppp!!!!

Guys,

I need your help.

After 5 years of wait, I got letter from labor department, "NOF - Intent to Deny". I got one objection:

1- My stupid lawyer changed the experience from 4 years to 1 year to match the salary in 2004 (pd Nov-2002); now they are saying that ad and updated application don't match.

I have few days left to reply; no clue how to reply.

Can anyone help me please?

Thanks,
Haider
 
Prevailing Wage Issue

It seems that DOL is handing out quite a bit amount of NOF and Denials while they are speeding up on the backlog elimination process recently. As one of the victims, I received the NOF last week for prevailing wage issue. The minimum requirement for my position is MS + 1 year of experience. Apparently, the certifying office applied the Level II wage.
Currently, my lawyer is preparing the rebuttal. He is planning to include a 3 rd party survey.
Anybody has similar experiences or suggestion?

Thanks,
 
rebuttal

Hi

most of the NOF cases on salary issue are being cleared within one month after rebuttal. My case I have agreed to thier salaryrequirement and got it cleared.

all the best. 3rd party survay couple of those survays should do the job.
 
What happens if labor gets denied

I have got a NOF for "Intent of deny" which my company is currently rebutting. But, I want to find out in advance what happens if the labor gets denied. This becomes even more critical because I am on the 7th year of extension and I have 6 months left.

Do you think following is a good backup option

1) File for 8th year extension on premium processing so that I can get 8th year extension even before NOF is decided.
and
2) Start a fresh PERM application with same or a different employer.

The only thing I don't know is, if labor is rejected and you are on extension, are you going to be illegal immediately or can one use the full term that is allowed in the I129 extension notice.

Any suggestion?
 
Rebutting Prevailing Wage NOF

Hi Stunpad, Puvathoor and Shamestx,
I just checked my case status online and it says "Certified." As you may or may not know, I received an NOF regarding a prevailing wage issue where the wage quoted by the DOL matched the level II wage instead of level 1 for my occupation. My attorney provided a 3rd party letter and stated that mine was an entry-level position. Hope this helps.

Chitchat
 
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