BEC NOF cases

[njinn]

NOF rebuttal

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

656.25(c) allows the alien to rebut should the employer choose so,did anybody send one.

In my case the NOF was for more information on the recruitment efforts ie.. to provide resumes of candidates applied etc.. which my employer is supposed to provide.

DOL in fact approved 3 cases of my same profile in our compamy with a later PD and the same details were used for recruitment process.so my employer might ask for pre-cedence.

On the other hand on my re-buttal can i ask DOL to provide evidence that FIFO was followed and to show that enough resources were employed by DOL to certify in a timely manner. Will i be asking for trouble.

 

[stunpad]

Nof

Congratulations chitchat.... now u can goahead with I140 premium processing.

 

[sacbee]

Hi Sonu,

I got exactly similar NOF. I came to know this today by my employer. My PD is same as you.

Can you send your contact info to sacbee123@yahoo.com so that we can talk.

Thanks,
Sacbee

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

 

[sonu_Aug_2002]

sacbee,

Check Ur yahoo mail box.

Thanks

 

[UG.]

Congratulations chitchat.... now u can goahead with I140 premium processing.

Can you please share how does the premium process work?

Thanks

 

[dingo123]

got NOF , mainly asking for company details.

PD June 13, 2002, NJ RIR.

 

[njinn]

nof

got NOF , mainly asking for company details.

PD June 13, 2002, NJ RIR.

looking at the trend all the old NJ cases are left for NOF

 

[llc_082002]

Nof

Hi Sacbee,

I got the same situtation. Send you an email for discussion. Thanks.

Hi Sonu,

I got exactly similar NOF. I came to know this today by my employer. My PD is same as you.

Can you send your contact info to sacbee123@yahoo.com so that we can talk.

Thanks,
Sacbee

 

[jeffjefferson]

Waiting for a response to the rebuttal

Dear all,

I received the 'intend to deny letter' on the prevailing wage issue on April 24. The lawyers responded with a third party salary survey data at the end of May and I am still waiting for a response. The difference between the advertised salary and the prevailing wage was really too much (~25K; i blame the HR and the lawyers in this case) and the 3rd party survey presented a case somewhere in-between. I am hoping this will be acceptable and the application will clear soon. I keep checking the web site now everyday, and it shows 'In Process', which is not clear what actually it means.

I just wanted to share my frustration and wish everyone good luck!

Jeff Jefferson

 

[UG.]

Dear all,

I received the 'intend to deny letter' on the prevailing wage issue on April 24. The lawyers responded with a third party salary survey data at the end of May and I am still waiting for a response. The difference between the advertised salary and the prevailing wage was really too much (~25K; i blame the HR and the lawyers in this case) and the 3rd party survey presented a case somewhere in-between. I am hoping this will be acceptable and the application will clear soon. I keep checking the web site now everyday, and it shows 'In Process', which is not clear what actually it means.

I just wanted to share my frustration and wish everyone good luck!

Jeff Jefferson

That is a long wait. I received a prevailing wage NOF in August and was hoping that DBEC would decide within two months or so. Based on your experience, it seems it may take longer!

 

[elaine1518]

I've seen several cases where NOF cases got approved 3-4 weeks after the rebuttal. Maybe jeffjefferson's case is an exception?

That is a long wait. I received a prevailing wage NOF in August and was hoping that DBEC would decide within two months or so. Based on your experience, it seems it may take longer!

 

[saknia]

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?

Best is to file Extesnsion before answering Rebuttal. After Rebuttal you have appeal option. So techniacally you can keep the Labor pending till you get extension as well. Another Atoorney told me that extension is possible with a Rejected Labor as well

Top be on safter side for subsequnt extensions file a PERM

Regarding Replies on NOF

Prepare a Checklist for each candidate Interviewed and say why they did not qualify technically base on criteria required by Business of your company. In the checklist attche Resume if you have or Contcat No of the Candidate, person Name who Interviewd etc to make it better. Many Compnaies has this information. Otherwise prepare one and send


Send this to DOL and you will get approval. It is a painful processs but that is the best alternative you have. Otherwise your labor will not get rejected. Only they will ask you to do a supervised Recruitment again

 

[jeffjefferson]

I've seen several cases where NOF cases got approved 3-4 weeks after the rebuttal. Maybe jeffjefferson's case is an exception?

Maybe those rebuttals, that went thru quickly, simply agreed with the DOL's prevailing wage. In my case, my stupid company did not agree with the incredibly high salary increase, and instead decided to submit a new salary survey. I guess it takes DOL several months and many resources (!) to investigate this new survey data and come up with a decision, or the rebuttal is just sitting on someone's desk and collecting dust. Who knows what goes on behind the doors of the BECs...

 

[dansworth]

Maybe those rebuttals, that went thru quickly, simply agreed with the DOL's prevailing wage. In my case, my stupid company did not agree with the incredibly high salary increase, and instead decided to submit a new salary survey. I guess it takes DOL several months and many resources (!) to investigate this new survey data and come up with a decision, or the rebuttal is just sitting on someone's desk and collecting dust. Who knows what goes on behind the doors of the BECs...

But for me, I got NOF in July 19th 2006 regarding prevailing wage which is $420 higher than my current salary. And my company rebutal immediately to agree that amount. BEC received in on Aug. 3rd. The status was "data review" until Sep. 29th, since then, it is "in progress" until now. Over two months already, I don't know how long I still need to wait....

 

[indian_labor]

Looks like i Belong here too..

Hi,

I received an NOF for my labor application PD: 24-DEC-2002, PA, EB3 RIR. Has there been any success lately after response to the NOF by the lawyers with regards to approvals?

My NOF had 3 different queries, 1 with regards to company details number or employees since its inception and whether the company has grown considerably in the last 5 yrs.. 2. was the lawyers fault who filled out 750 A with, required experience for the job, 2 yrs.. but only filled out 1 yr experience in 750 B, even though i have provided more number of yrs of experience. Third was to do with experience again not mentioned that was instrumental to rejecting some other candidates.

Any suggestions or success stories on NOF would be uplifting at this point. Lawyer has been provided all the experience info from my side we have another week to respond to NOF. Crossed fingers, hoping for the best

 

[llc_082002]

2002 RFE case certified

Hi,

just found that my RIR case is certified today after a RFE last week.

Detail:
PD: 08/08/2002
State: NJ
RFE was issued last week on interview process details
RESPONSED in the same week.

Good luck to everyone.

 

[elaine1518]

Hi,

just found that my RIR case is certified today after a RFE last week.

Detail:
PD: 08/08/2002
State: NJ
RFE was issued last week on interview process details
RESPONSED in the same week.

Good luck to everyone.

Wow, that is so darn fast! Congrats! I hope everyone is getting the same luck as you

 

[2002NOF]

NOF for additional recuitement result

I got a NOF, requesting additional recuitment results from my company for the time when my LC was filed (Nov. 2002). However, my lawyer said she can not find any recuitment data and resumes for my company at that time. My company has gone through mergers, so those data may not be kept. Does anyone have similar experience? I really don't know what to do right now. Any suggestions? Thanks.

VA , EB2, RIR
PD - Nov, 2002
45 letter recived May 2006

 

[xmmm]

I got a NOF, requesting additional recuitment results from my company for the time when my LC was filed (Nov. 2002). However, my lawyer said she can not find any recuitment data and resumes for my company at that time. My company has gone through mergers, so those data may not be kept. Does anyone have similar experience? I really don't know what to do right now. Any suggestions? Thanks.

VA , EB2, RIR
PD - Nov, 2002
45 letter recived May 2006

Talk to everyone involved in the hiring process and ask them to search their files and emails.
Talk to HR and ask them to search any related paperwork.
Talk to IT and ask for archived files, emails and phone records.
Go local library to search the advertisement posted on newspaper.

Talk to your manager and let him/her know that you have to take care of this first otherwise you will have to leave. Try your best to search.

Do it now as a full-time job and wish you have a good luck.

 

[nylabor0303]

Re: NOF recieved

Finally I got a NOF . Apparently the one which was sent on Aug 17th was never recienved and finally they sent out a new one on Oct 5.

I got a NOF because the DOL believes that the requirements for this position (MS +2 yrs or Bachelors + 5) is too restrictive. They think the requirements are too high and that we are making it difficult for U.S. workers to qualify.

Is this a common NOF.

My legal department is planning to send a business need for the position and the resumes of people who held the same position.

Any idea if this is a common NOF and are there other ways of dealing with it.