NY EB2 RIR filed in march...received the querries...

G

geniushiv

Registered Users (C)
LC filed in march 2001, in EB2,RIR category in NY. Received some querries from sesa. My lawyer told me that this is normal, but still I am little worried. Can any one please clarify:

1. What is that query paper called ?
2. Once I reply all their questions, how long would it take for approval ?
3. Does this query affect in any of the future processings ? i.e. I140 or I485.

Any help will be highly appreciated
 
No Title

I am not an expert on this but some insight into it

1. It is called Notice of finding.

2. There is no set time frame . It could take one to two months.

3. It will not affect I140/485.

    BY the way what is your priority date and what is the querry
 
Thanks...

There is no priority date. Frankly speaking, I don\'t know where to find it. Could you please guide me on that ?

The querries are :

1. Requirements of 5 years exceed standards. please amend or explain.

2. The U.S. Department of Labor cannot approve any application in which the wage/salary does not meet or exceed the prevailing rate. We cannot proceed with required recruitment and testing of the labor market for a job which does not offer a prevailing rate.

Employer should amend wage/salary offer & overtime wage, if applicable, directly on BOTH copies of the ETA 750 Part A. Employer must personally initial & date the amendment.

3. My lawyer didn\'t put a complete address of the employer. So sesa is asking to put the complete address.

4. Since the wage in the posting needs to be amended, please submit a new posting with amended wage and results of posting.
 
Salary lesss than Prevaling rate?

1.
I guess for Question1, It sounds ot be a normal query. As long as your job profile requires that kind of experience, you should not have any problems.

2.
If the salary stated in application is less than the current previling rate, that particular application is definitely to get query. I am not sure of the figure for EB2 salaries in NY region, I guess its near 83K .

3.This sounds to be your lawyer\'s mistake. Also make sure that you have the copy of application filed in so that you as an individual can verify the data put on application and you / your company has always right to ask the lawyer , about the information being supplied to the application.

4. This is quite obvious, if the salary that was offered was less and there needs to be a revision in a salay.

Again, these are just opinions. and not a legal advice by any means..
 
Thank you...

Regarding point 2 it is correct, the salary they are asking to put is 83k. But my lawyer is telling to file this in eb3 now. is it possible ?

Again, once I fulfil all their conditions/querries, would they do scrutiny(check in more detail) for my labor processing ? or it will be considered the normal case and there will be normal processing ?

Any info will be helpful to me. Thanks in advance.
 
No Title

From other thread, RIR EB2 filed at end of april is being forwarded to DOL regional office
 
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