PBEC NOF (intent to deny) issued

S

sm11299

Registered Users (C)
Guys,

I got a NOF from PBEC stating their 'intent to deny' the labor application. (After a 5 year wait). The reason is as follows

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The employers advertisement does not meet the criteria for certification because it does not state your minimum job requirements.
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What are my options ?


Please suggest.

Thanks,
sm11299
 
Last edited by a moderator:
Here are two options for you...

Option 1

Looks like your Labor may have to be re-advertised. This time, your lawyer needs to make sure that ads exactly match the min. job requirements (education + expereince + skills) as stated in the ETA 750A form.


Option 2

Alternatively, the lawyer can amend the ETA750A application to correct the "filing error" by changing it to what was originally posted in the ad.
 
Last edited by a moderator:
mvinays,

Thanks for the quick response.

Does any of these options

1) change my PD ?
2) change my category (EB2 to EB3) ? I have masters degree.
3) which option is better & why ?


mvinays said:
Here are two options for you...

Option 1

Looks like your Labor may have to be re-advertised. This time, your lawyer needs to make sure that ads exactly match the min. job requirements (education + expereince + skills) as stated in the ETA 750A form.


Option 2

Alternatively, the lawyer can amend the ETA750A application to correct the "filing error" by changing it to what was originally posted in the ad.
Click to expand...


Thanks,
sm11299
 
sm11299 said:
mvinays,

Thanks for the quick response.

Does any of these options

1) change my PD ?
2) change my category (EB2 to EB3) ? I have masters degree.
3) which option is better & why ?

Thanks,
sm11299
Click to expand...

1) It looks like the DOL (BEC) is giving you a chance to retain your PD. By just re-advertising Or by amending your 750A , you will be able to keep the same PD.

2) EB2 or EB3 gets decided by what is mentioned on Item 15 of ETA Form 750A. If this item says that the min. job requirment is either MS+0 or BS+5, then you will be considered for EB2 channel at the I-140 stage. Any min. job requirement below MS+0 or BS+5 will push you down to EB3 at I-140 stage.
See the EB2 equivalency memo below:
http://www.immigrationlinks.com/news/news215.htm
The above memo still holds good even today.

3) This is difficult to decide. You have to think carefully and pick one of the two options. A careful analysis of your labor application would be needed to pick one of the two options. Consult your lawyer to see how best be can draft a rebuttal for the NOF for both Options. Then decide with him/her.

Here is what happened in my case when SWA issued NOF for my LC application. Since my lawyer put some special skill requirements in Item 15 of ETA Form 750 A, SWA mentioned in the NOF that the job requirements on my labor were "unduly restrictive to US workers" and they wanted a business necessity letter justifying those requiremnts.

My min job req't was BS+0 on the ETA750 that was originally submitted to SWA. I had done my research on EB2 and therefore convinced my lawyer to "amend" or change my ETA 750A from "BS+0" to "MS+0 or BS+5". Since MS+0 or BS+5 was not mentined in my recruitment advertisements (newspaper ads, etc), it was easy in my case for my lawyer to amend the application from "BS+0" to "MS+0 or BS+5". SWA also wanted us to re-post a 10 day notice of filing (which we did), My lawyer then sent a rebuttal letter with newly filled ETA750A/B forms. SWA accepted my lawyer's new ETA 750 application and was convinced with the business necessity letter (which I drafted myself using some technical jargon). Then the SWA approved it and let me keep the same PD. After that, SWA forwarded my case to Philly Regional DOL for final approval (It went to Phily BEC blackhole from there). I went through a nightmare and misery during those 2 months when SWA raised a NOF. Luckily a bad thing turned into a good thing for me (because I could jump from EB3 to EB2 only becuase SWA issued a NOF and my lawyer was able to "amend" the application at that time while subimitting a rebuttal). If SWA hadn't issued a NOF in my case, I would probably be stuck for ever in EB3 retrogression.

Anyways, good luck with your case...Let me know if I can do anything to help you.
 
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mvinays,

Your input is very much helpful. I was not able to get in touch with my lawyer today. I'll do so tomorrow.

Thanks,
sm11299
 
Nof

Hi Gurus and bhishmacharyas...

Today i have recd a NOF on my 4 years pending LC from PBEC... saying insufficient salary than Prevailing wage in middlesex county of NJ.

They asked my employer to give a offer letter stating the new salary number which is 40% more than my existing salary... based on my title and experience.

Any one know? from when he is suppose to pay this new salary? assuming he submit a rised salary offer letter? Is my employer suppose to pay immediatly from now or approval of GC?

Any light on this matter would be appreciated.

---------------------------------------------------
PD august 1st,2002
45 day notice letter Nov 26 2005
NOF 28th July, 2006.
EB2 RIR NJ :eek:
 
Hi All

I have just heard from attorney that I got NOF on my case (Attorney heard from DOL when she checked the status). But the problem is neither employer nor attorney received the NOF. Also they have generated NOF during May 2006.

Attorney also checked with DOL last week and they have stated that my case is in final review. The information provided is inconsistent between last week and this week. I am Not sure whom I can believe and How do resolve this issue.

Please guide me on this.
 
Labor Certified !!!

Guys,

My labor is certified atlast. After waiting for 5 years and 2 months.
What a relief :) . I wish you all good luck. I believe you'll all get your
labor certified very soon.

This forum has been very helpful to me all along. See you all in I-140
forum soon.

mvinays, aycy,
thanks for your support. I believe you'll be soon out of this mess.

Thanks,
sm11299
 
NOF supporting Document

Can you let us know what kind of information you provide to your rebuttal letter?

sm11299 said:
Guys,

My labor is certified atlast. After waiting for 5 years and 2 months.
What a relief :) . I wish you all good luck. I believe you'll all get your
labor certified very soon.

This forum has been very helpful to me all along. See you all in I-140
forum soon.

mvinays, aycy,
thanks for your support. I believe you'll be soon out of this mess.

Thanks,
sm11299
Click to expand...
 
My case is final review since 22nd May (when lawyer asked for the status for extension). When my employer called 202 number around mid-july he was told that we were in NOF recommended status and that we need to wait one mnth to see if we get NOF. But there has been no NOF issued so far. Now what do should we expect????
 
intent of deny.

hi,

I got intent of denyal for not taking interview of a close match. from PHILA BEC ( regular, RD -SEPT 2003, EB-3 ).In fact, employer did interviewed him and was eliminated after taking interview.The President had signed the interview check list at that time. Can anybody tell me that is this enough evidanced for rebuttal of the notice off findings ? how long they take to give final approval or denyal after I submit the response ?

thanks in advance.
 
NOF... rebut.... LC cleared

Hello Guys,


as I said earlier, I have amended the ETA750 to show rised salary, (what ever the DOL asked me to put it on paper) and reapplied.

Today My employer get a letter saying.. ETA750 has been approved.

EB2 RIR NJ
PD 2002 AUG 1ST
45DAY NOTICE. nov 2005
NOF 28TH JULY,2006
CLEARED AUG 28TH

All the best everybody. Hope everybody would be out of this long pending queue.
 
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