BEC NOF cases

Is Gary Price your certifying officer?

I got "NOF" from the sceenshot. It was issued on Feb 28th,2007 but my lawyer has not received it yet. Is it normal? I am so upset about the "NOF". If your certifying officer is Gary Price, please share your experience with me. Thank you very much.
 
DOL_Ka_Shikar said:
An appeal judge has more discretion than a BEC analyst. IF your appeal is properly filed I am sure your case will be approved.
Click to expand...

Thanks Shikar! My new attorney said I should provide additional evidence (reference letters, etc.) along with the appeal letter. Is that the normal process? I originally thought this is a two step process.
 
PW NOF rebuttal case shows CERTIFIED today

It's my turn to share my good news on this forum today as my case status shows CERTIFIED after a long wait of 3 years and 10 months.

For PW NOF it took 2.5 months to clear after rebuttal. Info Screen shot was showing Final Review and with revised PW immediately after rebuttal was sent. Even then it took 2.5 months to clear.

It's a long journey and great relief for getting out of this PBEC mess.

At least now I can apply for I-140 premium and can apply for 3 yr extension before my 8 yr H1 expiry date mid-June once I get EB3 I-140 approved.

My fate is unlucky all along as my original 2001 EB2 labor had an RFE even though rest of the colleagues labors went thru. Attorney suggested to withdrew my old case and apply for new RIR in June 2003 in EB3 ( came to know later that the new one was applied in EB3 even though i had enough experience for EB2). Even if we have continued the old one in TR mode I would have got the GC by now even in TR mode. Even the new EB-3 labor had an RFE at state level and later approved and moved to SFO DOL before it went to PBEC. The agony continued at PBEC all these days. All my colleagues who applied along with me some have gone to DBEC and got approval and some got approval 6 months ago without any NOF. But for my bad luck I got NOF for PW at PBEC in December,2006

This forum is very helpful and informative and thanks to all active members who have been giving good suggestions.

What are my best options now to avoid age-out problem in next 2 years for my children?

Any suggestions appreciated.

Will update this forum once I get my Certified papers.

Thanks to you all.
 
Source: http://www.immigration-law.com/

BEC Labor Certification Processing Update As of Mid-March 2007

* AILA's 03/15/2007 Liaison Meeting minutes reflect the following statistics:
o Total Cases Pending: 96,304
o TR Cases: Approx. 75,000 [Recruitment instructions and job order will be completed by Mary 2007]
o RIR Cases: Approx. 20,000 [Most of RIR cases expected to be completed by the end of April, 2007, except problem cases]
o Total RIR Conversion Received: 6,000
o RIR Eligible Determination Cases: 5,100
 
Anyone with success reopening your case

Hello All,
Anyone with success getting his/her closed case re-opened??
 
the internet shows certified of the LCA

As per attorney,
NOF issued in february 2007.
PW issue.
I getting paid very less,
Increase the pay, to 82xxx
attorney contact company,
company says OK.
make me sign a form for increase wages.
i sign,
HR send form to attorney,
attorney send to pbec.

then i get this Data Entry Assigned To:
Joan McDaniel - jmcdaniel
in info@ email


PD march 27th 2005
NC
RIR
EB2
P-05221-95xxx




My earlier wages was 42xxx and the PW was 84xxx and the company said yes to that figure.
Please suggest what happens next. Attorney already replied for the PW figure of 82xxx as yes

it shows certified today,
 
amrikagc said:
As per attorney,
NOF issued in february 2007.
PW issue.
I getting paid very less,
Increase the pay, to 82xxx
attorney contact company,
company says OK.
make me sign a form for increase wages.
i sign,
HR send form to attorney,
attorney send to pbec.

then i get this Data Entry Assigned To:
Joan McDaniel - jmcdaniel
in info@ email


PD march 27th 2005
NC
RIR
EB2
P-05221-95xxx




My earlier wages was 42xxx and the PW was 84xxx and the company said yes to that figure.
Please suggest what happens next. Attorney already replied for the PW figure of 82xxx as yes

it shows certified today,
Click to expand...
How did you know it was assigned to Joan McDaniel - jmcdaniel?

I have responded to my NOF in Nov of last year.. I am still waiting for some good news...
 
Data Entry Assign Mean...

All,

I got screen shot from PBEC.

Status - Final Review
Data Entry Assign - Beatrice Loftis - beatriceloftis

What does mean, They have certified and wating for update the status
'In-Process' to 'Certified'.

Please help.

PD - Sep 2002
ETA - P-05130-05XXX.
RIR/EB2
On-line Status - 'IN-PROCESS'
NOF reply - 8 Feb 2007.(Wage Revision)
 
Advice needed on appeal!

Folks,
As mentioned earlier in my posts, my labor has recently been denied based on the finding that "the alien appeared not to have had the required one year of experience in the position offered prior to hire by the employer". During the earlier NOF rebuttal process, we submitted two reference letters from previous employers proving that I had the one year experience, but apparently DOL didn't agree.

I switched to another attorney and we are drafting a supporting letter from my current employer. She saw the initial full job ad for my position (not the brief one used to file labor) and insisted on mentioning all the job duties in the supporting letter. She thinks it'll strengthen her argument. The problem is that Item 13 on my 750A mentions only one job duty in that list. DOL already thinks that I didn't have one year experience in performing that single job duty, wouldn't it raise more questions if we list more duties?

Advice pleeeeeease! Thanks in advance!
 
Assigned

srs_568 said:
All,

I got screen shot from PBEC.

Status - Final Review
Data Entry Assign - Beatrice Loftis - beatriceloftis

What does mean, They have certified and wating for update the status
'In-Process' to 'Certified'.

Please help.

PD - Sep 2002
ETA - P-05130-05XXX.
RIR/EB2
On-line Status - 'IN-PROCESS'
NOF reply - 8 Feb 2007.(Wage Revision)
Click to expand...

Same status as yours, and assigned to the same person you mentioned, but I'm in the EB3/TR category. But I haven't heard of any NOF or PW issue from my lawyer/company. :confused: It has been this way for the last 2.5 weeks. :confused: Emails to info@ address do not get any response nowadays. I have no clue either about what this means. Hoping that it is something positive.

Do post here if you get any updates on your case, considering that the same person is handling our invidual cases. I will do the same if I get any updates.
 
Please advice how to apeal a denial

Gurus, Need your earnest advice for apeal process for a case wrongly denied

1. Case was NOF twice since last Aug, and we never got the letters from DOL.
2. In Jan, we came to know about it and replied with the updated PW letter.
3. But the case was denied by the officer (ignoring the letter)
4. Since Last two and half months I am waiting as adviced by my lawyer
5. We sent a letter of 'formal inquiry' to DOL , and nothing happened since last two weeks
6. Each day I am praying and checking status at least three times

Need your advice how to proceed?

1. Can employer do something?
2. Whats the apeal process if we did not get even the denial letter
3. Congressmen/Senator option
4. Any specific fax or phone # will help
5. Can you please share any draft of the apeal letter. I had nof for pw and it was rebutted.

Thanks in advance
 
My turn...

raydon said:
Same status as yours, and assigned to the same person you mentioned, but I'm in the EB3/TR category. But I haven't heard of any NOF or PW issue from my lawyer/company. :confused: It has been this way for the last 2.5 weeks. :confused: Emails to info@ address do not get any response nowadays. I have no clue either about what this means. Hoping that it is something positive.

Do post here if you get any updates on your case, considering that the same person is handling our invidual cases. I will do the same if I get any updates.
Click to expand...

Thanks you everyone to support. Today I checked status - is 'CERTIFIED'.

PD - SEP-2002 /RIR/EB2
 
elaine1518 said:
Folks,
As mentioned earlier in my posts, my labor has recently been denied based on the finding that "the alien appeared not to have had the required one year of experience in the position offered prior to hire by the employer". During the earlier NOF rebuttal process, we submitted two reference letters from previous employers proving that I had the one year experience, but apparently DOL didn't agree.

I switched to another attorney and we are drafting a supporting letter from my current employer. She saw the initial full job ad for my position (not the brief one used to file labor) and insisted on mentioning all the job duties in the supporting letter. She thinks it'll strengthen her argument. The problem is that Item 13 on my 750A mentions only one job duty in that list. DOL already thinks that I didn't have one year experience in performing that single job duty, wouldn't it raise more questions if we list more duties?

Advice pleeeeeease! Thanks in advance!
Click to expand...

I am somewhat confused by this. It seems to me that it is actually at the I-140 stage that you are supposed to matched up against the requirements of the LC. If the DOL had determined that would why they actually do it again at the I-140 stage. Does anyone know the difference between the matching of candidate to LC at two different stages?
 
LC and I-140

i_am_canadian said:
I am somewhat confused by this. It seems to me that it is actually at the I-140 stage that you are supposed to matched up against the requirements of the LC. If the DOL had determined that would why they actually do it again at the I-140 stage. Does anyone know the difference between the matching of candidate to LC at two different stages?
Click to expand...

I believe in the I-140 they just need Evidence (ex: experience letters, degrees, etc) which matches what your LC stated. In the LC stage is where they actually determine whether a candidate matches the requirements of the position being offered. At least, this is what I think.
 
NYAUG2002 said:
I believe in the I-140 they just need Evidence (ex: experience letters, degrees, etc) which matches what your LC stated. In the LC stage is where they actually determine whether a candidate matches the requirements of the position being offered. At least, this is what I think.
Click to expand...

How else would they be able to judge at the LC stage without evidence? And if that is the case, then why is that evidence checked again if already was?

That's what I'm curious to understand.
 
Minimum job requirements

Rebuttal options:
A. Proof alien had experience prior to joining current company.
OR
A. Experience gained with current employer in a different job ( Not sure why A again?)
OR
B. Not feasible to hire another person or train due to Business Necessity.
AND
Job Existed before alien joined company, or reason for job creation after alien joined the company.
OR
Remove requirements.


I worked as a full time intern for over a year and the employer found a consultant company to hire me so that they can still have me working on the same project.I gained the required experience during my internship, but mistakenly I did not put it on the EAT750 form. My current employer ( consultant company) and I have planned to choose the first option A. My supervisor (client, has been my supervisor since I was an intern) has agreed to provide an experience letter for my rebuttal.

I have a few questions here:
1. What is the logic of the options above? If I choose option A( Proof alien had experience prior to joining current company), do I need to demonstrate the item after AND (Job Existed before alien joined company, or reason for job creation after alien joined the company)? I thought it is part of requests for B, but my attorney said we need to provide this part also. Anyone has done this before? Please clarify it for me.
2. Does experience gained during internship count?
3. If I needed to demonstrate Job Existed before alien joined company, or reason for job creation after alien joined the company, does it mean somebody else was working on the same job before me? This is a contracted position, it went through the bid process, but nobody worked on it before, I don't know if it's possible to provide payroll, resume, etc evidence they asked for.

Please advise,

Thank you for any inputs.
 
NOF received

Friends

I need your advice.

After wainting for more than 2 years, got "NOF" intent to deny. There are two major findings

(1) Your application does not include a complete recruitment report as required.
a) indentify each recruitment source by name.
b) state the number of US workers responding to employer's recruitment.
c)state names, addresses and provide resumes of US applicants
d) explain specifically the lawful job-related reasons for not hiring US applicants.

We submited a recruitment report saying nobody applied this job and item a).
What do they want now?

(2)Ask employer to readvertise the job opening. And further advertising should not be initiated until additional directions are received from this office.

They said if published in a newspaper, it must be published for at least three consecutive days.

But mine newpaper advertisements were 3 weekends, not consecutive days. Did my lawyer mess it up?

Thank you very much!
 
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