Labor certification in NJ

R

Raov

Registered Users (C)
Hi All,
My company, in NJ, filed bankruptcy (chapter 12) and restructured with lots of layoffs.Eventuvally it gets sold to some company.Can any one suggest me whether I should go for Labor with RIR? Is there any clause that company should be in hiring mode for the last 6 months? Will the release of Advt. in news papers for 3 times and waiting for 3 months would be suffice to file labor with RIR? Is labor in NJ is acting tough under the conditions of joblosses? Or is it advisable to go with NON-RIR,to avoid any queries from NJ labor? I have only 2 yrs. time left for my Green card.
Your advise is appreciated.
 
Not really enough information

The company needs to have been recruiting for a 6 month period for n RIR. Layoffs will hurt. You don\'t have enought time to get a traditional LC approved.

BTW, I think you mean that the company filed a Chapet 11, not chapter 12. Chapter 12 is for a family farmer.

Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Mr. Jim Mills and others, Help!!!

Mr. Mills and anyone who had an insight of this issue, could you please read and help me solve this problem?
 I recently heard that one of my friends\' LC got denied at state level, and he strongly believe that it was his degrees confused the examiner. He had two master\'s degrees but had no work experience, and his salary is just a little above Level I. He believes that his job ads and job description also have clearly stated it is an entry level job. Anyway it is still denied and the reason was his degrees and education constitute a qualification for Level II salary. As far as I know, the decision on the salary and position level should be based on the job position and responsibilities, not on a person\'s overqualification. How could he be denied for overqualification? I mean companies usually pay almost the same salary to people with higher degrees but without prior experiences, compared to those with bachelor\'s degree but 1/2+ years of experiences. if a personis overqualified, it should be a good thing for LC since he/she could be better than other applicants. But it could not constitute a reason for LevelI salary. Am I right?
    
I have the same situation, with two M\'s degrees, but no previous experiences in the present occupation. My job ads and description
was defined as "education requirement: BS+1yr experience or Master of XXX with concentration in XXX". According to the DOL website, there is not specific differences between the job responsibilities of Level I and Level II in my occupation. However, I am really holding an entry level job and the pay is just above Level I. Will SESA interpret it as a higher level job and require Level II salary? How can I deal with it if so? There is no way for me to get so much raise in the next few years.
Thanks for everyone\'s opinions.
 
DOL normally wants level 2 for LCs

It\'s possible to win a fight over the wage level but there will almost certainly be problems. Even when the position is truly entry level it\'s often problematic get INS to accept a level 1 wage.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
You must log in or register to reply here.
Top