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talked with my lawyer and was informed that my case got 45 days letter las Dec already, but she didn't bother to tell me :cool:
 
I have not received the 45 days letter

NJ EB3, PD: December 2002. I have not received 45 days letter yet.
Very worried. Any suggesstions please ?

Thanks,
Appandai

anupal said:
I haven't till now.

NJ, 4/21/2003, EB3
 
contact DC

Appandai said:
NJ EB3, PD: December 2002. I have not received 45 days letter yet.
Very worried. Any suggesstions please ?

Thanks,
Appandai

I called up 202-693-3010 and was transferred to a official who helped me in finding my status of the case.I was told that an analyst is reviewing my case and will forward the decision to a certification officer.But did not give me an ETA.

NJINN

45 Day - Jan 06
Aug 2002 - PD
 
Very Strange

Very Strange..

Seems like PBEC generated NOF in March for my case and my friends case. But the employer or lawyer did not received it. Almost 3 months passed .. :(

We came to know about it today after calling them.

Don't know what to do now. I asked HR to send a fax to PBEC.

They said the case is not closed yet it is in FINAL REVIEW

Any Ideas how to proceed ? :confused:

Aycy how you managed to get the NOF again?

Thanks

NJ EB2 RIR
PD June 5 2002
45 Day Received Nov 3 2005
45 Day Replied Nov 4 2005
 
Fax Assistant Secretary Emily DeRocco

NJJune52002 said:
Very Strange..

Seems like PBEC generated NOF in March for my case and my friends case. But the employer or lawyer did not received it. Almost 3 months passed .. :(

We came to know about it today after calling them.

Don't know what to do now. I asked HR to send a fax to PBEC.

They said the case is not closed yet it is in FINAL REVIEW

Any Ideas how to proceed ? :confused:

Aycy how you managed to get the NOF again?

Thanks

NJ EB2 RIR
PD June 5 2002
45 Day Received Nov 3 2005
45 Day Replied Nov 4 2005


Please fax to Assistant Secretary Emily DeRocco (202-693-2725) about your situation and her staff will forward it to William Carlson (Head of Foreign Labor Certification). At the same time, ask your lawyer or HR to fax to Philly explaining that you found out that you had a NOF issued and has not received it. Ask them to re-issue the NOF with new deadline. You should be ok.

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????
:)
 
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Update from Philly about my case

This is what I got from Philly. Nothing new as I have received the same update before.


Dear Requestor:

The subject case P-05143-***** has been received by the Philadelphia
Backlog Elimination Center and is currently awaiting further review by a
Backlog Elimination Center analyst. Due to the large volume of LC
Applications currently being processed by the Backlog Elimination
Center; we are unable to provide you with an exact processing time. If
you need additional information, please visit the following Internet
website:

http://www.foreignlaborcert.doleta.gov/


There is no need to submit multiple requests. If you have not already
received one, the next notices that you will receive from this office
will be a 45-Day Letter and a Selection of Continuation Option letter.

If you are requesting a 7th year extension to an H-1B visa, please send
an e-mail to:

h1b7yr@dal.dflc.us



Your patience is appreciated.



aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????
 
aycy said:
Basically, they need more proof of my experience before I joined my company and documents about rejecting the candidates applied for the positions. That's all I can provide. Hope this helps.

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????
:mad:

Hi AYCY

Regarding the Rejection of Candidates - Did your company submitted Resumes received or just a List of Candidates etc. Is it good to say that the Company advertised and did not get any Resumes ( is that a correct approach)

A friend of mine had similar NOF and not sure how to address this issue. Any input from you on this will be appreciated
 
NOF Follow up

saknia said:
Hi AYCY

Regarding the Rejection of Candidates - Did your company submitted Resumes received or just a List of Candidates etc. Is it good to say that the Company advertised and did not get any Resumes ( is that a correct approach)

A friend of mine had similar NOF and not sure how to address this issue. Any input from you on this will be appreciated

Saknia,

My company submitted the candidates that did not meet the requirements. Fortunately, we also did not receive any qualified candidates. If you advertise and did not get any applications, this will cause a red flag for DOL. They will question whether you have made every effort to recruit people for the position. You should at least, send in two or more resumes and explain why they were rejected or have been hired. If there are no qualified candidates, just make sure to provide the rejections with strong job related reasons. Hope this helps.

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????
 
aycy said:
Saknia,

My company submitted the candidates that did not meet the requirements. Fortunately, we also did not receive any qualified candidates. If you advertise and did not get any applications, this will cause a red flag for DOL. They will question whether you have made every effort to recruit people for the position. You should at least, send in two or more resumes and explain why they were rejected or have been hired. If there are no qualified candidates, just make sure to provide the rejections with strong job related reasons. Hope this helps.

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????

Hi AYCY

Thanks for your prompt reply. This really helps. I told him the same thing. But since you have gone through it , this is more authentic and my friend's lawyer will beleive this

Did you really had the Resumes kept all the Correspondence/ Records for 4 years. My Friend company did not get any Resumes and they plan to get Resumes from Friends to submitt with address etc

Will this work ?? Your case might be different. Just trying to see the options avilable for him if his Comonay did not have all the Paperwork
 
NOF Follow up part 2

saknia said:
Hi AYCY

Thanks for your prompt reply. This really helps. I told him the same thing. But since you have gone through it , this is more authentic and my friend's lawyer will beleive this

Did you really had the Resumes kept all the Correspondence/ Records for 4 years. My Friend company did not get any Resumes and they plan to get Resumes from Friends to submitt with address etc

Will this work ?? Your case might be different. Just trying to see the options avilable for him if his Comonay did not have all the Paperwork

Saknia,

Your friend is playing with fire as they did not readvertise until they get resumes even if they were qualified. I suspect his lawyer is incompetent and did not advise your friend with the proper filing procedure .

The complication is that your friend has indicated no one qualified and suddenly, he is rebutting the NOF with resumes. DOL will be suspicious with this inconsistency. For my case, we have indicated that we disqualified the candidates. We just attached more documents to support the claim that they were not hired due to job related reasons.

As for the resumes, my lawyer, HR and myself still have the resumes in file. My advice to your friend is to readvertise again. Since I am not an immigration lawyer, I would consult competent lawyer like Rajiv Khanna or Sheela Murthy for the best move. Hope this helps and good luck.

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06
NOF rebutted March 28'06
Status???????????????????
 
45 days letter not received

Hi,

I have still not received 45 days letter. My PD is Oct 2003. I called the PBEC and they said my lawyer or employer should call them.
Anybody whose PD is around the same time as mine has received their 45 days letter?

What can I do at this point of time to know my status???

Thanks
NJ EB2 RIR
PD Oct 2003
45 days letter not received
 
pkm4gc said:
Hi,

I have still not received 45 days letter. My PD is Oct 2003. I called the PBEC and they said my lawyer or employer should call them.
Anybody whose PD is around the same time as mine has received their 45 days letter?

What can I do at this point of time to know my status???

Thanks
NJ EB2 RIR
PD Oct 2003
45 days letter not received
You can check with your lawyer and let him call.
My lawyer received my 45 days letter Dec. last year, but didn't bother to let me know. Even when I checked with her earlier this year, she still told me we hadn't received it yet. only this May when I checked with her again and she checked with her associate and told me we have received it. :confused:
 
Finally, labor got approved.
Good luck to all!

NJ EB2 RIR
PD June 11 2002
45 Day Received DEC 2005
45 Day Replied DEC 2005
 
Congrats and Goodluck skyblue789 !
With EB2 and PD in June 2002, you should be able to file 140/485/AP/EAD concurrently, and finally get done with the agony. :)

All the best !
 
My sreenshot stauts changed from RIR to TR?

Hi, I sent an email to h1b7yr to get an update of my labor status, it shows processing type TR, however my case is RIR and I did see RIR at last month's screenshot. I asked my lawyer, she said it is a typo and it happens a lot. I just wonder the screenshot is generated by computer automatically, how come it changed from RIR to TR?

By the way, the screenshot has all rows filled in, except Occupation Title, Occupation Code and Prevailing wage.

fangf
NJ EB2 RIR
PD Jan 27 2003
45 day received Sept 2005
Replied 45 day letter Sept 2005
 
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