Dallas Backlog Elimination Center Tracking

Repost Question on NOF- Salary

:confused: I would appeciate anyone of you who can answer my question." Is it a guarentee letter from employer to give the PWage once the GC obtained is sufficient or the employer has to hike the salary immediately to rebut the NOF."


I appreciate your extended support in all these days.

Thanks in advance
:confused:
 
chinnu2004 said:
:confused: I would appeciate anyone of you who can answer my question." Is it a guarentee letter from employer to give the PWage once the GC obtained is sufficient or the employer has to hike the salary immediately to rebut the NOF."


I appreciate your extended support in all these days.

Thanks in advance
:confused:
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NOFs are case specific and the reason for the NOF should be mentioned on the letter along with the required documents to rebut. Yes, the salary mentioned in the rebuttal letter is the future salary (after the alien obtained the GC).
 
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I filed my labor in 2002, and my current salary is way more than the Prevailing wage 4 years ago. Will this make it Ok, or we need to compare the current salary with current PW?
Any insight?
manwithnoname said:
NOFs are case specific and the reason for the NOF should be mentioned on the letter along with the required documents to rebut. Yes, the salary mentioned in the rebuttal letter is the future salary (after the alien obtained the GC).
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onlyhope said:
I filed my labor in 2002, and my current salary is way more than the Prevailing wage 4 years ago. Will this make it Ok, or we need to compare the current salary with current PW?
Any insight?
Click to expand...

What's important is the offered salary in your 2002 application compared to the prevailing wage at that time. In other words, were you making the PW in 2002 ? If that's the case then you should not worry about it.
 
case withdrawn by BEC, refile is not same as dual-file

I found my case was siwthdrawn this moring. I had the PERM Dual filing approved this past June. But based on DOL Q&A, dual-filing is not same as re-filing and you don't need to withdraw the RIR case.

This is the reply from my lawyer "

We did not receive any notification of this withdrawal and it is erroneous as we do not wish to withdraw. I have just spoken with the Dallas BEC and they have instructed me to email them to request that the case be reopened as it should not have been withdrawn. I will email them today and provide documentation of our intent to continue processing (the 45 day letter). I will let you know as soon as I receive an response from the BEC.

"

manwithnoname said:
Okay, did you re-file in PERM for identical position with same employer? Below is an excerpt from immigration law website - please read
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It is time to share good news with you all... Today I checked my status it is CERTIFIED

Thanks and good luck to all
 
mingxu_2006 said:
I found my case was siwthdrawn this moring. I had the PERM Dual filing approved this past June. But based on DOL Q&A, dual-filing is not same as re-filing and you don't need to withdraw the RIR case.

This is the reply from my lawyer "

We did not receive any notification of this withdrawal and it is erroneous as we do not wish to withdraw. I have just spoken with the Dallas BEC and they have instructed me to email them to request that the case be reopened as it should not have been withdrawn. I will email them today and provide documentation of our intent to continue processing (the 45 day letter). I will let you know as soon as I receive an response from the BEC.

"
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Interesting - please let us know about re-opening the case at BEC.
Good luck.
 
Hope to see your progress. This is devastating. I can totally understand your pain and anger. It is so difficult to predict what Elaine Chao and her DOL will do.

mingxu_2006 said:
I found my case was siwthdrawn this moring. I had the PERM Dual filing approved this past June. But based on DOL Q&A, dual-filing is not same as re-filing and you don't need to withdraw the RIR case.

This is the reply from my lawyer "

We did not receive any notification of this withdrawal and it is erroneous as we do not wish to withdraw. I have just spoken with the Dallas BEC and they have instructed me to email them to request that the case be reopened as it should not have been withdrawn. I will email them today and provide documentation of our intent to continue processing (the 45 day letter). I will let you know as soon as I receive an response from the BEC.

"
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bpc2001: I am in the same situation like mingxu_2006. Priority date for my old case is Oct 2002 and it will be real blunder if its lost. In both the cases the position, pay scale, experience and degree required.....everything was different and I cannot imagine how they can do this.
 
Multiple filing, case withdrawal

It seems that this is happening if the job, employer, beneficiary are same. Any one came across cases where , If someone has a pending EB3 and applies for a new EB2 with different job requirement(same employer and beneficiary), EB3 is getting withdrawn ?


from immigration-law.com :

"There are growing number of reports that the BEC was sending out a "withdrawal" notice to the employer if the same employer filed a PERM application for the same job and the same alien "if" prior old priority date labor certification is pending at the BEC for the same employer for the same employee and for the same job. This withdrawal notice was sent out even if the employer did not request "retention of priority date of previous application" in the PERM application. Should this happen, the consequences will be so fatal and devastating if the BEC case has a very old priority date, the readers are cautioned to take this posting as an important alert. Reportedly this practice of the BECs loomed up only very lately."
 
indianpresent: Yes...my case was from same employer but for different Positions. Old case was for Programmer Analyst and new case was Senior Programmenr Analyst. The second case needed a Master's degree but first didn't. The salary requirements were also different.

I have started a seperate thread ::::: Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN" :::: .

COOLZ, Kevin James, Mingxu_2006, Indianpresent please lets use that thread so that we can join hands to fight these buggers.
 
case Status "Withdrawn"

mingxu_2006 said:
I found my case was siwthdrawn this moring. I had the PERM Dual filing approved this past June. But based on DOL Q&A, dual-filing is not same as re-filing and you don't need to withdraw the RIR case.

This is the reply from my lawyer "

We did not receive any notification of this withdrawal and it is erroneous as we do not wish to withdraw. I have just spoken with the Dallas BEC and they have instructed me to email them to request that the case be reopened as it should not have been withdrawn. I will email them today and provide documentation of our intent to continue processing (the 45 day letter). I will let you know as soon as I receive an response from the BEC.

"
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I have read about multiple filing of labor Certificate. In that its clearly mentioned that only one LC will be issued. I think filing PERM was a wrong idea.Do not know if reopening of case will help.

I have heard people have the same problem of case status in my company who has approved PERM. Do not know what will happen next!!!!
 
Withdrawn

waitingGCard said:
I have read about multiple filing of labor Certificate. In that its clearly mentioned that only one LC will be issued. I think filing PERM was a wrong idea.Do not know if reopening of case will help.

I have heard people have the same problem of case status in my company who has approved PERM. Do not know what will happen next!!!!
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I dont think they will invest time and energy in re-opening the case (though it maybe be possible with arbitration). But just put urself in their shoes and think that you have this big deadline looming over you and you see 2 filing (PERM, DBEC) for the same employee. Your first reaction would be (without going all the dept details about position, salary etc) to mark status of case as "WITHDRAW" b/c of multiple filing.

I have this feeling (you can call in hunch) that they are going to do the same even if PERM is filed for a diff employer, diff position, diff salary etc. In their minds, you dont need the first case b/c you filed second case.

This is just my feeling and that's why I did not go thru PERM recently with a diff comp, diff salary, diff position.
 
My offered salary in 2002 was about 94% of the prevailing wage at that time. That is why I got this NOF.
But my attorney was saying since I earn much more than the PV in 2002, there is no problem for the rebutal.
It did not make sense to me, it has been 4 years, of cause I will earn more. Just want your confirmation.
MDwatch said:
What's important is the offered salary in your 2002 application compared to the prevailing wage at that time. In other words, were you making the PW in 2002 ? If that's the case then you should not worry about it.
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Congratulations! Vfast.
Could you share how you rebut on the wage? Is that because your current salary is more than the PV in the labor?

vfast said:
It is time to share good news with you all... Today I checked my status it is CERTIFIED

Thanks and good luck to all
Click to expand...
 
onlyhope said:
Congratulations! Vfast.
Could you share how you rebut on the wage? Is that because your current salary is more than the PV in the labor?
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No .. Offered salary is lessthan the PV. My employer agreed to adjust salary as per PV...hope this helps..
 
easygoing said:
indianpresent: Yes...my case was from same employer but for different Positions. Old case was for Programmer Analyst and new case was Senior Programmenr Analyst. The second case needed a Master's degree but first didn't. The salary requirements were also different.

I have started a seperate thread ::::: Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN" :::: .

COOLZ, Kevin James, Mingxu_2006, Indianpresent please lets use that thread so that we can join hands to fight these buggers.
Click to expand...
I am in the same boat as you guys. My case with PBEC got withdrawn yesterday. I have an approved labor. Man.. this is very very very bad. At least, they let us keep the priority date.
 
Tyrant: Please post your replies in the ::::: Multiple Labor from Same Employer BLUNDER - BEC Case status is "WITHDRAWN" :::: thread. This thread will be helpful when we start getting replies from the DBEC.
 
Hi Tyrant

When you say they let you keep the priority date, do you know for sure that your PD is still that of the old labor or are you hoping that they will let you keep the priority date?

I have a pending labor cert at DBEC and my company filed a PERM labor cert for me a couple of weeks ago (new labor cert, with no request to retain PD of old labor cert).

I am getting really worried by this news of DoL withdrawing the old labor in such cases even if there is no indication in the PERM labor cert for requesting retaining of old PD by withdrawal of the old labor cert.

-------------------------------------------------------------------------
ETA D-05-196-xxxxx
PD: April 2004
45 day letter recvd: June 2006
45 day letter replied: July 2006
(My attorney likes to sit on her clients' paperwork instead of sitting on her chair)
Online status: In Process
------------------------------------------------------------------------


tyrant said:
I am in the same boat as you guys. My case with PBEC got withdrawn yesterday. I have an approved labor. Man.. this is very very very bad. At least, they let us keep the priority date.
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