Labor Certification Denied Because Of Lay Offs

H

h1b_slave

Registered Users (C)
One month back my labour application was denied because there was a lay off in my company 3 months ago. The same guy who denied few cases including mine approved few cases just yesterday itself. The company is same lay off is same everything is same but the guy approved some cases and denied some cases. Have anyone else experienced this or this is just a speacial case ?

Can I sue DOL in this case or just suffer? my case was pending for last 3 years and the lay offs just happened 3 months ago.
 
h1b_slave said:
One month back my labour application was denied because there was a lay off in my company 3 months ago. The same guy who denied few cases including mine approved few cases just yesterday itself. The company is same lay off is same everything is same but the guy approved some cases and denied some cases. Have anyone else experienced this or this is just a speacial case ?

Can I sue DOL in this case or just suffer? my case was pending for last 3 years and the lay offs just happened 3 months ago.
Click to expand...

Everybody wants to sue somebody.... :) How can you sue them for following the rules? Not all applications are the same. The "same" stuff is really not applicable. Each case is different.
 
Rules??

Approval/rejection depends on the persons mood. Following rules or not, also depends on his mood. It would be nice if you can sue them, but unfortunately you cant do it.
Find out the possibility to push your case by consulting attorney.
 
h1b_slave said:
One month back my labour application was denied because there was a lay off in my company 3 months ago. The same guy who denied few cases including mine approved few cases just yesterday itself. The company is same lay off is same everything is same but the guy approved some cases and denied some cases. Have anyone else experienced this or this is just a speacial case ?

Can I sue DOL in this case or just suffer? my case was pending for last 3 years and the lay offs just happened 3 months ago.
Click to expand...

Really sorry to hear about your unfortune.

Yes, lay off trigger SWA or DOL to review the petition carefully and reject it.
Logic is , if company is laying off people, then why they need an alien for a permanaent position, ? If the officer is overlook the lay off trigger bound to approve LC. Here your bad luck palyed a crucial role.
 
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