BEC NOF cases

[gv007]

oct 03- NOF received

I received an NOF from PBEC requiring to demonstrate that skills acquired are prior to joining current company ??

The problem is i cannot get this info from my former company.

can i get it from my former manager or fellow employee ?

now what? please respond.

 

[sahil3]

Finally my trun!!

Hi Friends!!
I have some good news to share.... Finally my LC has been certified after a good almost 4 years!! Please see the details in my signature.. You all will get out of this mess soon!! This forum was very helpful and some people here should try a career in immigration law!! Thanks to a lot of folks who have kept me and this forum going!

 

[sahil3]

Get it from your former manager on company letterhead.. If he does not work there anymore, tell him/her to indicate in his letter that he was yur direct supervisor while working at ABC from the perriod X to Y!
you should be fine, this is very basic NOF. Just go out of your way to get a super experience letter. And get the format from your lawyer!

I received an NOF from PBEC requiring to demonstrate that skills acquired are prior to joining current company ??

The problem is i cannot get this info from my former company.

can i get it from my former manager or fellow employee ?

now what? please respond.

 

[sahil3]

Don't worry, as long as the NOF was responded in time you should be fine.. NOF decisions will take anywhere from one week to 2 months. Good luck and hang in there. You will get yours certified soon!!!

Hello friends, My RIR LC filed on Dec 2004 in CA. I got NOF (Advertisements Missing) on Jan 1st week 2007 and my lawyer responded just 2 days before the deadline (Feb 1st week) but still my case is "In process". Some of my colleagues got same type of NOF and as soon as (Max by 10 days) lawyer responded, they got the approval but mine is still pending. Does anyone face this type of problem?

Thanks

 

[gv007]

Sahil
Let me be the first to Congratulate you on your approval!!!
Thank you very much for your suggestions.
Teh letterhead is my problem!!! so is it okay if he just gives this on his current letterhead or a plainpaper?

 

[sahil3]

If he does not work for that company anymore, just "make" a personal, neat letterhead for him on MS Word that includes his name, address and phone number. Then tell him to write what he wants/or what is relevant per the NOF. I have heard from lawyers that personal letterheads are fine. After all you cannot expect a person to keep working for the same company forever!!
The main thing is the content of the letter and draft that clearly and carefully.
Good luck!!

Sahil
Let me be the first to Congratulate you on your approval!!!
Thank you very much for your suggestions.
Teh letterhead is my problem!!! so is it okay if he just gives this on his current letterhead or a plainpaper?
thanks
shiva

 

[gc122004]

Thanks Sahil for your wish!

Don't worry, as long as the NOF was responded in time you should be fine.. NOF decisions will take anywhere from one week to 2 months. Good luck and hang in there. You will get yours certified soon!!!

 

[cal97]

remanded case ?

What does the case status show up as when an NOF is received ? Does it say "In Process" ?

Most of the remanded cases like mine got approved almost within a day after the processing type changed to RIR from TR. Mine still says "In Process" since the 26th of February.

Was wondering if there is anyone whose case was remanded and got an NOF.

Thanks!

 

[fantomX]

Another NOF

Well, my case got another NOF today for Minimum Job Requirements.

Rebuttal options:
A. Proof alien had experience prior to joining current company. (which i don't)
OR
A. Experience gained with current employer in a different job
OR
B. Not feasible to hire another person or train due to Business Necessity.
AND
B. Job Existed before alien joined company, or reason for job creation after alien joined the company.
OR
Remove requirements.
(The current requriements are B.S. in Electrical Engineering, 2 years as Systems Analyst, and some analysis and development tools we use)

The old lawyer screwed up big time by putting wrong numbers and not advising the company properly. So now we are in this mess.

I don't know how we are going to rebute this. I think we are kind of stuck in a loop. If we rebute that the extra requirements are due to business necessity, then how do we prove the experience in the same job. If the requirements say 2 years for the same job, how can working in different job with same company qualify ?

Form 750B lists working as Systems Analyst 1998 to present... While it was 1998-2001 programmer, 2001-present as systems analyst. So now if we claim the experience was gained as programmer.... will that work?

Do you think removing the the experience and special requirements will make us re-advertise? The job add did not ask for BS, but asked to 2-3 years experience with those tools.

What are other options?

I now have M.S. , but the company paid for it, so I can't use it for EB-2 PERM. Can I use B.S. + 5yrs with current company to qualify for EB-2 PERM for a new job (promotion to IS Manager)?

----------------------
LC PD: 9/2002
EB-3, RIR, NY
Case: P-0511x-xxxxx
45-days letter 11/2005
45-days letter replied 11/2005
Status: Data Review
Status: In Process (after 1/25/2007)
NOF issued: 1/25/2007 (Bona fide job oppurtunity - asked from company details, tax, insurance...)
Applied for 10th Year H1-B ext. 2/18/2007
NOF Replied: 2/19/2007
Online Status: In Process
10th year H1-B approved 2/25/2007 (valid until 7/2008)
NOF issued: 3/15/2007 (Minimum Requirements)

 

[elaine1518]

Form 750B lists working as Systems Analyst 1998 to present... While it was 1998-2001 programmer, 2001-present as systems analyst. So now if we claim the experience was gained as programmer.... will that work?

I don't see why you can't do that. You can claim that you were using the same tools, etc.

I now have M.S. , but the company paid for it, so I can't use it for EB-2 PERM. Can I use B.S. + 5yrs with current company to qualify for EB-2 PERM for a new job (promotion to IS Manager)?

I think you can use BS +5yr for a new PERM. If you received master's before the promotion, why can't you use that as well? Does it really matter who paid for it?

 

[elaine1518]

elaine1518, what is your online status now?

In process

I also requested a screenshot and just got it. The status is "Final Review", but the salary information shows the old salary before we filed the rebuttal. Does this mean they haven't even reviewed my rebuttal yet?

 

[elaine1518]

Hi Friends!!
I have some good news to share.... Finally my LC has been certified after a good almost 4 years!! Please see the details in my signature.. You all will get out of this mess soon!! This forum was very helpful and some people here should try a career in immigration law!! Thanks to a lot of folks who have kept me and this forum going!

Congrats, Sahil! And thanks for posting many useful comments on this forum yourself!

 

[fantomX]

Quote:
Originally Posted by fantomX
Form 750B lists working as Systems Analyst 1998 to present... While it was 1998-2001 programmer, 2001-present as systems analyst. So now if we claim the experience was gained as programmer.... will that work?

I don't see why you can't do that. You can claim that you were using the same tools, etc.

Job requirement states 2 years experience in the job offered.. no relative. And Form 750B says systems analyst joining date to present/

I think you can use BS +5yr for a new PERM. If you received master's before the promotion, why can't you use that as well? Does it really matter who paid for it?

Isn't there a questions on PERM application if any part of the educational requirement was paid by employer?

 

[WhatALabor]

I was in a similer situation

Well, my case got another NOF today for Minimum Job Requirements.

Rebuttal options:
A. Proof alien had experience prior to joining current company. (which i don't)
OR
A. Experience gained with current employer in a different job
OR
B. Not feasible to hire another person or train due to Business Necessity.
AND
B. Job Existed before alien joined company, or reason for job creation after alien joined the company.
OR
Remove requirements.
(The current requriements are B.S. in Electrical Engineering, 2 years as Systems Analyst, and some analysis and development tools we use)

The old lawyer screwed up big time by putting wrong numbers and not advising the company properly. So now we are in this mess.

I don't know how we are going to rebute this. I think we are kind of stuck in a loop. If we rebute that the extra requirements are due to business necessity, then how do we prove the experience in the same job. If the requirements say 2 years for the same job, how can working in different job with same company qualify ?

Form 750B lists working as Systems Analyst 1998 to present... While it was 1998-2001 programmer, 2001-present as systems analyst. So now if we claim the experience was gained as programmer.... will that work?

Do you think removing the the experience and special requirements will make us re-advertise? The job add did not ask for BS, but asked to 2-3 years experience with those tools.

What are other options?

I now have M.S. , but the company paid for it, so I can't use it for EB-2 PERM. Can I use B.S. + 5yrs with current company to qualify for EB-2 PERM for a new job (promotion to IS Manager)?

----------------------
LC PD: 9/2002
EB-3, RIR, NY
Case: P-0511x-xxxxx
45-days letter 11/2005
45-days letter replied 11/2005
Status: Data Review
Status: In Process (after 1/25/2007)
NOF issued: 1/25/2007 (Bona fide job oppurtunity - asked from company details, tax, insurance...)
Applied for 10th Year H1-B ext. 2/18/2007
NOF Replied: 2/19/2007
Online Status: In Process
10th year H1-B approved 2/25/2007 (valid until 7/2008)
NOF issued: 3/15/2007 (Minimum Requirements)

hi fantomX

I went through somewhat same situation, making changes to the minimum requirements could result in denial or re advt. so keep the same requirements and get a "peer statement"(Anybody who worked with you before, state that eventhough, you were a programmer you have done job duties that comes under the job duties of a System Analyst) also you should state that in small companies the job title and job duties are interchangebale (Proof is in wikipedia), also show that you are qualified to do the job duties of a Syatem Analyst like a subject in your carriculum as system analysis and design . now state everything in a subtle way. These three statement in combination will create a logical sequence. That is what I did and my case got approved today - my lawer was useless he says that he is not a IT expert finally i had to do all the work and he just send it to the BEC . what a sad situation.

Good luck
WAL
I am not a legal advisor this is just my opinion and experience

 

[fantomX]

WhatALabor

Congrats on approval of your labor cert.!!

We have until 4/19 to respond. We are thinking of responding that it's not feasible for company to hire someone with less requirements, and the requirements are due to business necessity. If we go for business necessity, they are asking who trained the alien. But, I didn't get any training using the systems and tools.. It was picked up by hands-on experience. Also, the requirements were not there when I was hired, because the systems were purchased later.

My then manager is not with the company anymore...

Are there any resources to document that the technical infrastructure (development, reporting tools, business processing systems) could be used a job requirements? For saying the system analyst must know visual studio since the systems analysed will be implemented using visual studio?

Do you have that link from wikipedia?

Any more details about the business case you made will greatly help.

Thanks.

 

[WhatALabor]

Is your boss ready for that

WhatALabor

Congrats on approval of your labor cert.!!

We have until 4/19 to respond. We are thinking of responding that it's not feasible for company to hire someone with less requirements, and the requirements are due to business necessity. If we go for business necessity, they are asking who trained the alien. But, I didn't get any training using the systems and tools.. It was picked up by hands-on experience. Also, the requirements were not there when I was hired, because the systems were purchased later.

My then manager is not with the company anymore...

Are there any resources to document that the technical infrastructure (development, reporting tools, business processing systems) could be used a job requirements? For saying the system analyst must know visual studio since the systems analysed will be implemented using visual studio?

Do you have that link from wikipedia?

Any more details about the business case you made will greatly help.

Thanks.

fantomX

I was given the same options . If your company and boss ready to step up and show that due to business necessity it is not a feasible option to hire a new person then it is fine. That is the reason I went for option A, I submitted a peer statement which stated that eventhough I was a programmer , My educational qualifications and my 2 years of experience as a programmer with job duties similer to that of a System Administrator(in mycase) will enable me to do the the specified job duties for the company.

also show a business necessity of a computer programmer in the role of a systems analyst

http://en.wikipedia.org/wiki/Systems_analyst

even dol says that system analyst is related to the field of computer programming, please read

"In some organizations, particularly small ones, workers commonly known as programmer-analysts are responsible for both the systems analysis and the actual programming work. (A more detailed description of the work of programmer-analysts is presented in the statement on computer systems analysts elsewhere in the Handbook.) Advanced programming languages and new object-oriented programming capabilities are increasing the efficiency and productivity of both programmers and users. "

read on
http://www.bls.gov/oco/ocos110.htm

Also my employer documented that the job duties he is looking for is similar to what stated in the peer statement. Also look in some of the job posts by other companies in your area where they are looking for actal programming background for the sytem analyst post and submit that also as a proof. I did a heck of a research before i submitted my rebuttal you need to do that if you want the case to succeed. I submitted my own rebuttal. My employer submitted his rebuttal and the screwd up attorney submitted a letter all of those documents were about 200 pages and it took 11 months before the status changed to CERTIFIED from in process

Now everything depends on how you/your employer/your attorney word the rebuttal, I was really hopeless and was getting ready for a new PERM then the online status changes to CERTIFIED yesterday. Also make it sure you pray to God.

Good luck

WAL

 

[kevinJames]

NOF - DOL is missing copies of recruitment

Immigration Gurus,
My lawyer told me that he has received Notice of Intent to Deny my RIR application, his interpretation is - DOL is missing recruitment reports and everything will be fine as soon as he will submit recruitment reports..
Anyone faced similar situations?
Any comments/suggestions are appreciated on how to rebute this NOF.
Do you guys think I should insist my lawyer to submit any additional info - just to be on safe side.

Kev.
PD: Oct 2003
NOF : March 19, 07

 

[sahil3]

A recruitment report is a letter from HR summarizing the recuitment process. It identifies all the mediums used to advertize for your position like monter.com, employee referral programs, other mediums and a newpaper ad (MUST)... after that HR must document how many ppl responded to the job opportunity.. If someone had the minimim reqs listed on the ETA750, they MUST be interviewed/contacted. The best case is if HR DID NOT RECEIVE any resumes that met the minimum reqs as listed in the ETA 750. Hopefully your HR will cooporate and give you that letter (recruitment report). Good Luck! n try not to worry.. I had the same NOF n my application was approved.

Immigration Gurus,
My lawyer told me that he has received Notice of Intent to Deny my RIR application, his interpretation is - DOL is missing recruitment reports and everything will be fine as soon as he will submit recruitment reports..
Anyone faced similar situations?
Any comments/suggestions are appreciated on how to rebute this NOF.
Do you guys think I should insist my lawyer to submit any additional info - just to be on safe side.

Kev.
PD: Oct 2003
NOF : March 19, 07

 

[gc122004]

Immigration Gurus,
My lawyer told me that he has received Notice of Intent to Deny my RIR application, his interpretation is - DOL is missing recruitment reports and everything will be fine as soon as he will submit recruitment reports..
Anyone faced similar situations?
Any comments/suggestions are appreciated on how to rebute this NOF.
Do you guys think I should insist my lawyer to submit any additional info - just to be on safe side.

Kev.
PD: Oct 2003
NOF : March 19, 07

I got same type of NOF and my lawyer responded with all the supporting documents not sure what all documents he sent but he asked me to send latest pay slip and all to W2 forms. Still waiting!!!!

CA-EB3 -RIR
PD - 12/09/04
45 Day Letter: June 2006
45 Day Letter: July 2006
NOF: 01/07
Responded NOF: 02/07
Still waiting…..

 

[cal97]

What does the online status show as when you get an NOF ? Is it "In Process" or "Denied" ?