BEC NOF cases

Thanks

UG. said:
Before NOF it was Data Review. During the NOF period the status was "In Process"

Thanks for both Manwithnoname and UG to answer my question. Do you know it usually takes how long to get result after NOF rebuttal? My case is about job open to the US worker and company issues. We have clear fact and proof to rebut those issues. I don't know that I have to wait how long. It's so painful.
 
bluesky133 said:
Thanks for both Manwithnoname and UG to answer my question. Do you know it usually takes how long to get result after NOF rebuttal? My case is about job open to the US worker and company issues. We have clear fact and proof to rebut those issues. I don't know that I have to wait how long. It's so painful.

A decision on NOF rebuttal generally takes less than a month (as per earlier postings).
 
Nof :(

hi - i just got an NOF regarding experience. does internship while i was in college qualify as experience?

i'd appreciate any help/..
 
hi,

We received a NOF coz wrong " state" had been checked in the form.
for location of office /tax records. The NOF was that DBEc had inquired and there was no such office in the state mentioned. So the lawyers responded sometime in October 2006 saying it was a mistake.
the thing is we don't know whether DBEc read it incorrectly and the lawyers pointed it out or the lawyers had checked the incorrect box.

Co says this notice was relating to all their labour applicants ( filed in 2004).

This NOF seems pretty harmless right ? still no approval
any ideas ? guesses ?

PD is 12/2004.
 
Wait after NOF

bluesky133 said:
Thanks for both Manwithnoname and UG to answer my question. Do you know it usually takes how long to get result after NOF rebuttal? My case is about job open to the US worker and company issues. We have clear fact and proof to rebut those issues. I don't know that I have to wait how long. It's so painful.


In my case the wait was approx 3 months.
 
Hi Sonu and Sacbee,

I too got the same NOF as you all did. I also got 2 more issues listed on NOF (about the wages and company's ability to pay)
Did you guys have success after you rebutted? Please share some details with me.

sacbee said:
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
 
RIR Status rejected online

My online status showed denied (Oct 2002 RIR NY)after Thanksgiving. We have no denial letter or any NOF received. I was about to file my 9th year H1 and now the company put it on hold. My bad luck again.

My previous lawyer lost his license in 2005 due to his insanity. The new attorney took over in 2005 but never looked at LC carefully to determine there were issues. I determined there was some flaws in recruitment and pointed out in September 2006.

Does the denied means the case is denied or there is a possibility that there is NOF and the online status shows denied. My company is planning to file PERM and is not willing to use any outside lawyers for any matter. THey are usingtheir own attorney. My H1 is the main issue now as it expires in February. Filing the H1B showing with the original lawyers incompetency and asking for extension - Is that going to work? We don'y have any paperworks for the denial yet/ Any suggestion from anyone will be appreciated during this difficult times especially filing for H1.
 
Multiple NOF's

Hi guys,
I received a 50 page NOF from DBEC . From what i could understand it has the following issues.
1.The co's main office is in Iowa but its business etc everything is conducted in dallas. the co had filed its LC's regsitering iowa as prinicpal office . the NOF asks the Co to prove why iowa is the main office ??? should the co just reply saying back that not iowa and dallas is the main office ? will that work
2. the second issue is relating to the ability to pay issue
3. the third relates to the recruitement efforts

there might be some other issues in it . but its soooooooo long this is what i could make of it . anybody out there witth he same NOF's . This is the worst start to a new year . I have not come across anyone with so many NOF's
what are the chances of the labour getting approved ? anybody with any suggestions on how to deal with this.
please please help !!!!!!!
 
NOF case has been APPROVED!!!

This afternoon, i checked DOL site and found my labor approved.
 
Last edited by a moderator:
cherrygums said:
This afternoon, i checked DOL site and found my labor approved.

Congrats, CherryGums! Good luck with the rest of the process!

My rebuttal was sent back 3.5 months ago. Still "in process". Does anyone know if there is a way to get some additional information on the case status or push them for a decision?
 
Nof

ol1974 said:
hi - i just got an NOF regarding experience. does internship while i was in college qualify as experience?

i'd appreciate any help/..


Hi there-

The internship definitely counts. I had a similar NOF where my part time experience as Research Assistant while doing my Master's wasnt included. We successfully rebutted that by showing that the job performed was in line with the skills required in the LC. One advise- Go with a good lawyer when you get the NOF. You should be fine.

PD: Jan 23, 2003 NY
NOF: Nov 2006 (replied Dec 28, 2006)
Certified Jan 05, 2007
 
sekharswami said:
Hi there-

The internship definitely counts. I had a similar NOF where my part time experience as Research Assistant while doing my Master's wasnt included. We successfully rebutted that by showing that the job performed was in line with the skills required in the LC. One advise- Go with a good lawyer when you get the NOF. You should be fine.

PD: Jan 23, 2003 NY
NOF: Nov 2006 (replied Dec 28, 2006)
Certified Jan 05, 2007

When did you rebutted on your case, just I want to know how long they are taking to approve.
 
NOF case has been APPROVED!!!

After almost 4 and half years, eventually, I ended labor certificate pain. My LC has been certified last week, both of employer and lawyer have recieved approved letter but it still shows "in process" on line. Sometimes they may not update in time. For you information, my case details are as below:

NJ EB3 RIR
PD: 08/05/02
45 Day Letter replied: Sep.2005
On line showed "data review"
Received NOF: Nov. 8, 2006
NOF Rebuttal Submitted : 12/1/2006
On line changed into "in process" after they received rebuttal.
Receiving approval letter: 1/05/2007

If you get NOF, don't be afraid and do the best to rebut with proof. Wish all of you will get approval letter soon. After so many years painful waiting, everyone deserve to get it.
 
NOF - Oct 2002

I did not know about this thread. I got prevailing wage NOF on Oct 4th. Though my present salary is more than the requirement, my employer which is a very big company, did not want to put that pay and instaed went for salary survey route. accordingly they rebuted on Oct 23rd and am still waiting. The wait continues........ But how long do we have to???? I started supsecting DOL. Do theyhave any link with the Private salary firms so that they get lot of business this way?
 
I have a 3yr comp sc degree too. will that be a problem at I-140...Can you please give some more info on the I-140 rejection (even though I am thinking way ahead). Any info is appreciated. Thanks.

marooti said:
Hi Sonu and Sacbee,

I too got the same NOF as you all did. I also got 2 more issues listed on NOF (about the wages and company's ability to pay)
Did you guys have success after you rebutted? Please share some details with me.
 
NOF Received - Please Help!

I'm in a similar situation. After almost 4 years I found out yesterday from my attonery that I received NOF and I have to act fast! See attached PDF document of my NOF.

FINDING: Unduly Restricitve Job Requirements-Requirements Exceed SVP

Job Title: Programmer
Exp reqd: Masters Degree + 1 yr Exp.

I personally want to reappeal and stay in EB2, rather than reducing the job requirements and going into EB3. Any one you know received smilar type of NOF ?

Any suggestions greatly appreciated.

Thanks

Sumanthj@hotmail.com
ETA#: P-05186-XXXXX
EB2 RIR New York
Priority Date : Mar 12th 2003
45 day letter issued by DOL: Jan 17th, 2006
45 day letter received & replied on: Jan 24th 2006
NOF response due date: Jan 16th, 2007
----------------------

nylabor0303 said:
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.
 
NOF on prevailing wage issues

Stupid HR and the lawyers went the salary survey route for me, too. They submitted the rebuttal at the end of May 2006 and we are still waiting. I do not understand how all the other rebuttal responses take 1-5 weeks and those opting for the survey data route takes almost a year. It is so frustrating and unacceptable.
Argh!!!

Caliber said:
I did not know about this thread. I got prevailing wage NOF on Oct 4th. Though my present salary is more than the requirement, my employer which is a very big company, did not want to put that pay and instaed went for salary survey route. accordingly they rebuted on Oct 23rd and am still waiting. The wait continues........ But how long do we have to???? I started supsecting DOL. Do theyhave any link with the Private salary firms so that they get lot of business this way?
 
Sumanthj said:
I'm in a similar situation. After almost 4 years I found out yesterday from my attonery that I received NOF and I have to act fast! See attached PDF document of my NOF.

FINDING: Unduly Restricitve Job Requirements-Requirements Exceed SVP

Job Title: Programmer
Exp reqd: Masters Degree + 1 yr Exp.

I personally want to reappeal and stay in EB2, rather than reducing the job requirements and going into EB3. Any one you know received smilar type of NOF ?

Any suggestions greatly appreciated.

Thanks

Sumanthj@hotmail.com
ETA#: P-05186-XXXXX
EB2 RIR New York
Priority Date : Mar 12th 2003
45 day letter issued by DOL: Jan 17th, 2006
45 day letter received & replied on: Jan 24th 2006
NOF response due date: Jan 16th, 2007
----------------------

This NOF letter looks exactly like mine????? I guess they copy all the letter same to different folks!
 
NOF Received - Please Help!

Hi vc594088,

Did your NOF got approved? In your signature, I see that your NOF issued on 11/08/06 and NOF response is 1/12/2007. Dees that mean you responded to your NOF on 1/12/07 ?

How many days you were given by INS to reappeal the NOF? Did you attorney submitted business necessity letter?

My attorney didn't mentioned anything to me till last minute on Friday and said we need to respond by today.

Any advice, greatly appreciated.

Thanks
Sumanthj@hotmail.com
ETA#: P-05186-XXXXX
EB2 RIR New York
Priority Date : Mar 12th 2003
45 day letter issued by DOL: Jan 17th, 2006
45 day letter received & replied on: Jan 24th 2006
NOF response due date: Jan 16th, 2007



vc594088 said:
This NOF letter looks exactly like mine????? I guess they copy all the letter same to different folks!
 
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