BEC NOF cases

Waiting after NOF rebuttal

vc594088 said:
Pls let us know.... it is definitely a long wait after your filed rebuttal in May06.
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Does anyone knows as to how much time it usually takes for the PBEC to clear an NOF case after receiving the rebuttal? I am waiting for over 2 months.
 
Some people got approved within 1 week, most of them clear within 1-2 mos, few are more than 4 mos. DOL planned to clear all cases before 9/20/2007 so I guess we will hear something before that day. Sorry not much help for your question....
 
Finally, oh my GOD!!! the prettiest sight in the world. My case states "Certified"

We have been treated so bad by the DOL - 5 years 8 months is what it took me. Finally, I am there.

Hope, the next stages go smoothly.

Best of luck to everybody waiting for these dysfunctional departments to do their stuff.
 
NOF received, seek advice

Friends, my lawyer got a Notice Of Findings from DBEC regarding my LC, the main point is like this:

Clarifications of the other requirements for the position as outlined below.

We have requested in addition to a bachelor's degree in Computer Science or a related field:
"Knowledge of 1. Algorithms; 2. C/C++; 3. Java; 4. NT & Unix environments; 5. Oracle; 6. DB2; 7. JDBC"

(It's a bit confusing here, I believe the above 'We' means my company)

Lawyer's view:

The Labor Department indicates that such requirements must be in measurable terms and that the way we have described these requirements is too subjective. In other words, an individual with prior experience could use that experience to show the requirements.... Any additional ideas on how we can describe these requirements "in measurable terms" would be helpful. This is a new issue which I have not previously seen before on cases filed in certain other jurisdictions. In appears that the Backlog Elimination Center has decided to accept the more restrictive approach.

I got a Master degree in Computer Science in 2000 here but my bachelor degree was in civil engineering long time ago. The company made it clear that my position did not require a Master degree when I was hired.

It does look to me like my company needs to specify how many years of experience needed for each of the requirements mentioned above. I'll be very appreciative for any input regarding appropriate response to this NOF.
 
Do not Despair

All this dance, NOF, remand to TR from RIR, and any other procedural delays are just that - some song and dance to show that they are working in earnest.

A dance these dysfunctional departments do to show that they are working - and working hard (in reality, they are probably dozing away somewhere) - while so many people suffer.

Refute your NOF - and they will approve it - that is based on all I have been able to gather during my endless wait.

I know everybody who challenged the original remand (from RIR to TR - which happened to almost all RIR cases filed in CA, TX between May 01 and Nov 01 at least), their cases were approved a long time back.

My company and lawyers chose not to challenge my auto-remanded case - and I still am an H1 B with more than 11 years of my life wasted in doing cyber coolie jobs.

Also, for all of us from India, remember, these so-called first world countries need you more than you need them. The fact is all developed countries are going to face a demographic nightmare - aging population, shrinking labor (more important, tax paying) force in just a few years - and the way all of them are treating highly skilled (and tax paying) people is abominable. Not allowing H-4's to work is blatant racism and gender, in my view, especially in light of the interminable delays in processing work permits/green cards, and the fact that most dependents are women (as if women from third world countries do not have the right to earn a living).

Indian economy is booming - remember that, and do not despair. Most people who went back to India (the one's I know of) because of these delays, actually say that is the best decision they have taken.

Mark my words, USA, Germany, UK, France will be begging us to migrate to their countries in the next few years. Hopefully, all they will get would be our 'low-skilled' compatriots - cos the booming economy would have absorbed all the 'high skilled' ones - of course, most low-skilled immigrants will eventually overtake the natives in achievement - cos human potential is immense, even amongst the low-skilled.
 
Same Boat....

My Lawyer NOF on Jan 10, 2007 about wages and he had replied this week. Any one idea, how long does it take to review NOF.

Thanks
SRS
PD- Sep 2002 NJ/EB2/RIR/PBEC
ETA - 05130-XXXX
 
my case is also NOF case and I m awaiting now after rebuttal...

:confused:
vc594088 said:
Case has been denied after 3.5 years.
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Sorry to hear about your case. I also got NOF with 2 points.

1. Minimum job requirements
2. Rejection of US workers.

My attorney worked on the reply and we have rebutted. I am still waiting and seeing InProgress.

Please share some info with me in case if you know anything about these NOF questions and what are my options in case if my labor is denied? I am right now on 7th year extension and my 7th year extension is coming to end by December 2007.

---------------------------------

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
 
NOF issued Bona Fide Job Opportunity

The original lawyer who we used was suspended, and now we got NOF Bona Fide Job Opportunity. It's asking to establish that the job is legitemate and open to US workers.

Reviewing the application, and add, I notice the lawyer made a HUGE mistake. Instead of minimum degree requirement he put minimum experience. I have the degree, but not experience with current employer.
Is there a way to amend the ETA750 on the basis of lawyer's incompetence?

please help!
 
NOF details here, pls advice

Friends, I got a copy of the NOF letter. The only main issue is the following:
ETA form 750A
Item 15. Titled "Other Special Requirements". The listed special requirements should be measurable and quantifiable. Examples of incorrect entries to be avoided are "must have expertise in, knowledge of, skill in, background in." Please adjust Item 15 accordingly. Enter only job-related requirements in measurable terms and submit employer justification or delete requirements. Requirements should not be tailored to the alien's qualifications.

So the requirement is clear. What I'd like to seek advice about are:
1. My case was EB3, how many years of programming experience will not cause the prevailing wage issue?
2. What is the right way for the employer to justify the requirements?

I appreciate any input.
 
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Is it better to leave?

Here is the situation:

My current employer has received a NOF, and has till March 10th to Rebut.
Since I am on my 7th year (1st year extension), one of the reasons for the NOF was to prove experience, which I had.

Questions:
1) If I accept an offer from another firm (my visa expires on Nov/07), what happens with my current NOF rebut ? Is it prudent to accept an offer now?
2) If I accept the offer and they file for PERM, what is the time frame needed before my visa expires?
3) If I am hired now, considering that my H1B visa started on 2001, Labor dpto will consider my experiece as of today or as the from 2001?
The reason why is that I had no college degree before and now I do...

My case number P-05223-XXXXX
Filing 03/04/05
NOF 02/07/07
Must rebut by 03/10/07

Any thoughts?
 
PBECIsKillingMe said:
Did anyone get NOF with "Attorney Involvement" in recruitment process?
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Hi again PBECiskillingme It seems to me all the old cases 2003, 2002, 2001 are getting NOF's. Never heard of Attorney Involvement. Have been scouring different sites. What were the other points? General trend seems to be NOF for wages & requirements.
 
nyoct2001 said:
Hi again PBECiskillingme It seems to me all the old cases 2003, 2002, 2001 are getting NOF's. Never heard of Attorney Involvement. Have been scouring different sites. What were the other points? General trend seems to be NOF for wages & requirements.
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Mine has 3 points

1. Degree certificate - idiot lawyer forgot to put my bachelor's degree certificate copy alongwith application.

2. Attorney Involvement - There may be something that lawyer should not be involved and he did. Still trying to understand this.

3. Advertisement and recruitment process explanation:

I believe 1 & 3 are common. Don't understand what is 2. It looks dangerous to me.
 
Just got the Email from info, it says there is a NOF and was generated on Feb-8th. Not sure if the Attorney/HR received it.

So dont have any details on it.
 
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PBECIsKillingMe said:
Mine has 3 points

1. Degree certificate - idiot lawyer forgot to put my bachelor's degree certificate copy alongwith application.

2. Attorney Involvement - There may be something that lawyer should not be involved and he did. Still trying to understand this.

3. Advertisement and recruitment process explanation:

I believe 1 & 3 are common. Don't understand what is 2. It looks dangerous to me.
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Who received the responses to the job advt., your employer or your lawyer?
 
Nof

I have received an NOF regarding submitting a complete recruitment report. Apparently my lawyer submitted the adds, but did not submit a recruitment report. MY PD is May 2003. We have been able to locate 3 resumes in the system of folks that applied for the job. They do not have the requirements as stated in the job description. This is an EB3 case. My position as an auditor requires 1 year of work experience, which i have. My question is that are 3 resumes suffiecient? How many resumes does one normally submit with a recruitment report?
 
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