What does the online status show as when you get an NOF ? Is it "In Process" or "Denied" ?
It's showing "In Process" for me!
What does the online status show as when you get an NOF ? Is it "In Process" or "Denied" ?
Finally my status is showing certified. It took almost 4 months since the NOF was responded. And it took over 4 years since the RIR was filed.
Good luck to everyone who is still suffering. I hope everyone gets the good news very very soon.
Finally my status is showing certified. It took almost 4 months since the NOF was responded. And it took over 4 years since the RIR was filed.
Good luck to everyone who is still suffering. I hope everyone gets the good news very very soon.
My employer received a NOF dated 3/21/07, the same day I received a response from "info" saying Status: NOF.
The NOF requests additional information re: the recruiting report. My lawyer says either (1) the originally submitted report was lost by PBEC, or (2) the report is somehow deficient. She will submit a revised report this week, and thinks PBEC will act on it (and hopefully cerify) within a few weeks. Let's wait and see!
Lawyer received the denial letter today. I'm given 35 days to get back to the "Chief Administrative Law Judge" of DOL with a request for review of a denied certification. So looks like it's not the end of the world. Is this the same as the appeal process? I've heard someone say that the appeal process is extremely slow, and don't wanna end up being there.
My NOF had three findings and we have satisfied DOL on the first two (prevailing wage and special requirements unduly restrictive). The third one on 1 year work experience is causing the trouble. We submitted two referral letters from previous employers stating that I had experience in performing research on the labor market of the software industry, designing and implementing market research, surveys, etc. The job requires experience in "designing, developing and implementing research projects on transportation industries, communities and their labor markets". And DOL has determined that my previous experience doesn't satisfy this.
I feel stupid both on my part and on the lawyer's. If I had known that DOL would be looking for the exactly same wording as the job requirements, I would've asked my previous employers to use those words to avoid this hassle. I thought the certifying officer would be smart enough to conclude it's the same type of job duties. And the lawyer was stupid enough not to have advised me on it. Now I don't know if we can simply change the referral letters or need to do something else.
Any advice, folks?
Thank you, GC_Wait2002 and Here4GC, for your kind words and encouragement! You don't know how much it means to me in this difficult situation.
I originally thought it was sort of a second tier NOF process and I would only need to submit new evidence. After talking to another attorney, I realized that the situation is much worse than I expected. We will have to enter an appeal process. I guess it will take a long time and the result will be highly unpredictable.
I wish I had realized how lousy and incompetent my current lawyer was when he screwed up my simple H-1b case four years ago. Now I'm definitely transferring the case to another law firm. Those of you who are indecisive as to whether to fire your lawyer, do it before it's too late!