labor certification denial

B

bored1

Registered Users (C)
Hi, I work for a very big I.T. company which filed for my GC in around Oct 2001. In Oct 2002 it got to SF Regional office. There was an NOF recently regarding layoffs in Dec 2003, to which the lawyers responded, and in Jan 2004 my lawyers received a Denial to the LC. They are probably going to BALCA for an appeal, I have 2 years left on my H1B and am not sure how long BALCA takes to resolve such a denial. What should I be doing? The filing category was EB3.
I have an MS-CS though.
Thanks
Bored1
 
BALCA takes forever. Ask your company to file from elsewhere. If that is not possible then wait 6 months and file from CA again.
 
Was that part of original question?

Find it yourself in the library:

http://www.oalj.dol.gov/libina.htm

Hope it helps.

It never takes more then a day to work on your case, but to get to that one day - you may have to wait many more. If your lawyer has some alternative - maybe you would like to give it a shot.

Also for rejections, certifying officer has to write a lots more cause every case invariably goes to BALCA. He/she has to ensure that BALCA does not overrules. Also BALCA is highly inconsistent and nowadays give less overrulings. Rest is your choice.
 
Originally posted by Jharkhandi
Was that part of original question?

Find it yourself in the library:

http://www.oalj.dol.gov/libina.htm

Hope it helps.

It never takes more then a day to work on your case, but to get to that one day - you may have to wait many more. If your lawyer has some alternative - maybe you would like to give it a shot.

Also for rejections, certifying officer has to write a lots more cause every case invariably goes to BALCA. He/she has to ensure that BALCA does not overrules. Also BALCA is highly inconsistent and nowadays give less overrulings. Rest is your choice.
Click to expand...

Speak to your attorney. This is a cutting edge issue. Although there is an internal memo stating that DOL is to issue a NOF in this situation, there is an argument that this is actually illegal since the correct statutory response to inadequate recruitment is remand back to SESA for directed recruitment.

It's not easy, and may not be possible, but you should look into it, and quickly. I think I would make a request for reconsideration and then make the argument that I briefly outlined above. That way at least the case would be reopened and remanded back to SESA.
 
NOF for my labor

Hi All,

DOL has sent a NOF for my case. My problem is that I am in the 6th year of my H1B and scared what should I do if my labor gets denied.

If they apply for an appeal will I be able to get 1 year extension?

How long does the appeal take?

any help would be great.

thanks
 
Friends,

I am also one of the silent reader of this forum since two years.

My application has been filed with VA SESA on 06/13/2002. I called Richmod two weeks back and guy said that my case is in processing. While, as per the forum they were processing 06/16 or 17th cases.

I have been informed on 02/28 by our lawyer that SESA issued remand on my application. The reason for remand is "Acquistion of company A by Company B". When I filed my application I was working for Company A and it was later on acquired by Company B in Jan-2003.

I spoke with lawyer(who is one of the big firm in US) and he said they will send paperwork to my manager and he need to sign, then they will respond to SESA.

Now, my question to gurus are, Is there any one who have been in the similar situation? if yes, then what was the outcome? How long does it take normally?

It is so frustrating that you are almost there but still not there...

Thank you

tp
 
Originally posted by t_p99
Friends,

I am also one of the silent reader of this forum since two years.

My application has been filed with VA SESA on 06/13/2002. I called Richmod two weeks back and guy said that my case is in processing. While, as per the forum they were processing 06/16 or 17th cases.

I have been informed on 02/28 by our lawyer that SESA issued remand on my application. The reason for remand is "Acquistion of company A by Company B". When I filed my application I was working for Company A and it was later on acquired by Company B in Jan-2003.

I spoke with lawyer(who is one of the big firm in US) and he said they will send paperwork to my manager and he need to sign, then they will respond to SESA.

Now, my question to gurus are, Is there any one who have been in the similar situation? if yes, then what was the outcome? How long does it take normally?

It is so frustrating that you are almost there but still not there...

Thank you

tp
Click to expand...
Actually, you are almost there. correspondence is in the process, it is a good sign, in my opinion, it means your case is alive.
Take over is a common element, change management require certain issues and responsibilities so should be communicated to LC agencies accordingly. That has to be done in appropriate fashion, your lawyer will take care of it. A CT based company acquired by other group, still getting approvals.
 
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