BEC NOF cases
- Thread starter ladude10
- Start date
Labor_samasya
Registered Users (C)
NOF for Prevailing wages
Friends,
I got my screen shot last Wednesday and found that Case Status is "NOF". The screen shot shows that salary listed is less than prevailing wages. I enquired with my employer and lawyer and they said they received NOF in October and it was replied on Nov 20th. They replied that they are paying more than the prevailing wages. I am concerned that even after almost three months the case status is still showing NOF in screen shot. Does any one of you know how much time it takes to adjudicate the case? How can we confirm that they received the reply? Thanks,
Friends,
I got my screen shot last Wednesday and found that Case Status is "NOF". The screen shot shows that salary listed is less than prevailing wages. I enquired with my employer and lawyer and they said they received NOF in October and it was replied on Nov 20th. They replied that they are paying more than the prevailing wages. I am concerned that even after almost three months the case status is still showing NOF in screen shot. Does any one of you know how much time it takes to adjudicate the case? How can we confirm that they received the reply? Thanks,
I had 4 points. So though the company lawyer is very confident that he will be able to help me surpass this LC hurdle I have grave doubts.
1. wages should be higher
2.3. variation of job requirements.
4. Experience - LOL - this after I have worked in this industry for 12 yrs in India and now 10 years in the US
Mine is the oldest case in the company. 4 EB3 India and 1 EB3 China which have PD's more recent than mine have cleared LC's. Also 2 L1's have got their GC's within 4 years of joining.
Maybe the power of positive thinking will help. Good Luck PBECiskillingme. Thank you for all your efforts in this forum.
PBECIsKillingMe
Registered Users (C)
Unlike me, all your four points comes under RFE category (request for evidence). My second point doesn't come under RFE category at all - thats why I am concerned.
I don't think you have anything to worry about.
Labor_samasya
Registered Users (C)
The screenshots are the details of your labor application which BEC send on request. You can request the screen shot by sending mails to info@phi.dflc.us for PBEC.
mingxu_2006
Registered Users (C)
Help Please!!!!!!!!!!!!Received NOF with "intent to deny"
I received NOF with intent to deny for "did not meet the prevailing wage". I am working on a large company, my wage has increase quite a lot after the LC was filed. What kind options do I have to rebute the NOF?
Priority Date: 2/22/05
State: AZ
Type: RIR
Case No: D-05208-4*
I received NOF with intent to deny for "did not meet the prevailing wage". I am working on a large company, my wage has increase quite a lot after the LC was filed. What kind options do I have to rebute the NOF?
Priority Date: 2/22/05
State: AZ
Type: RIR
Case No: D-05208-4*
Don't worry. That seems to be the most common type of NOF. It can be successfully rebutted. If they have given you the figure of what the prevailing wage in should be, just give them a letter with your new wage on company letterhead. Of course your salary should be more than the prevailing wage. You should be fine.
Got more info on the NOF. It is the infamous PW. Attorney is going to reply with an alternate survey.
He also told me that it may take 2-3 months to get the case certified. Looks like my Attorney has seen many such NOFs and has been successful with this type of Survey reply. Keeping my fingers crossed.
He also told me that it may take 2-3 months to get the case certified. Looks like my Attorney has seen many such NOFs and has been successful with this type of Survey reply. Keeping my fingers crossed.
Dont worry it is a pretty common NOF. dont get carried away by the word "intent to deny" 
Your options
1) Agree to DOL salary (if you can convice HR / Manager etc)
2) If your new salary is higher than the PW, then you can quote it and rebut
3) If still lower, get an alternate survey, Try to match that for your Job code and rebut with the alternate survey Salary.
Inspite of all these, even if your labor is denied, it is not the End, your case gets converted to TR and then you have to do RI all again. you can appeal as well.
Only Bad thing about PW/Alternate Survey is that, it may take more time to get certified. DOL will have to verify the AS and hence longer.
Your options
1) Agree to DOL salary (if you can convice HR / Manager etc)
2) If your new salary is higher than the PW, then you can quote it and rebut
3) If still lower, get an alternate survey, Try to match that for your Job code and rebut with the alternate survey Salary.
Inspite of all these, even if your labor is denied, it is not the End, your case gets converted to TR and then you have to do RI all again. you can appeal as well.
Only Bad thing about PW/Alternate Survey is that, it may take more time to get certified. DOL will have to verify the AS and hence longer.
Attorney should not be involved in the recruitment process. He should not be entertaining prospective employees or doing interviews over the phone/screening. OR rejecting people that apply. this should all be done by your HR. Basically a lawyer is only supposed to put paperwork together and advise you on issues (which they have no clue about )... my two cents....
jeffjefferson
Registered Users (C)
Beware that alternate survey approval might take really long. I am still waiting 9 months after rebutting with an alternate survey. Maybe I am extremely unlucky, I do not know ...
It is true
Probably PBEC will not decide on PW at least till that time a policy decision is taken by their top brass. I am waiting since 5 months. If yours is small company, better request Attorney to agree for the salary. Bigger companies will stick to salary survey's. I think there is nothing much for us to do any thing.
Durres Special
Registered Users (C)
What happens..
...after you rebut and the company will match or exceed the PW. When must the company actually have to start paying you the new wage? Right away? After LC approval? After I-140 filling/approval? Or after I-485 filling/approval? Any one knows?
Thanks.
...after you rebut and the company will match or exceed the PW. When must the company actually have to start paying you the new wage? Right away? After LC approval? After I-140 filling/approval? Or after I-485 filling/approval? Any one knows?
Thanks.
DOL_Ka_Shikar
Registered Users (C)
There is no quick resolution of your case even if your employer agrees to adjust your salary to the prevailing wages. It still may take months.
Yeah, I know, but my HR may not agree to DOL numbers. it is off by 13G. So they submitted with AS. But my attorney has a turn around time of 2-3 months for the AS. it may also depend on the Alternate Surveying company too. There are so many out there. DOL uses OES which has the highest paid amount for a given position.