anuragsh_74
New Member
I just found out that my PERM (which was filed under EB2) has been denied since there was a major RIF in my company. The HR analyzed and found no-one who was let go at my location & title could do my job. However lawyer answered 26 & 26-A in section I (Recruitment Information) questions in Application for Permanent Employment Certification as below:
Q26: Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the filing of this application?
- Yes
Q26-A: If Yes, were the laid off U.S. workers notified and considered for the job opportunity for which certification is sought?
- NA
I was also looking at the instructions sheet (attached) for this form and this is what it says:
26. Select Yes or No to indicate if the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the filing of this application. A related occupation is defined as any occupation that requires workers to perform a majority of the essential duties involved in the occupation for which certification is sought.
26-A. Select Yes, No, or NA to indicate whether the laid off U.S. workers were notified and considered for the job opportunity for which certification is sought.
In my opinion, they should have said NO to Q26 and NA to Q26-A. Am I right?
Anyways, this is water under the bridge,
1. What options do I have now? My H1B expires in Sep 08 and my 6 yrs completes in Jun 08.
2. I was in L1 visa earlier and changed to H1B in 05. Does L1 yrs count towards H1B?
3. The lawyer is thinking of refiling, will that make any difference at all?
What should I do? I am tensed
.
Thanks!
Q26: Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the filing of this application?
- Yes
Q26-A: If Yes, were the laid off U.S. workers notified and considered for the job opportunity for which certification is sought?
- NA
I was also looking at the instructions sheet (attached) for this form and this is what it says:
26. Select Yes or No to indicate if the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the filing of this application. A related occupation is defined as any occupation that requires workers to perform a majority of the essential duties involved in the occupation for which certification is sought.
26-A. Select Yes, No, or NA to indicate whether the laid off U.S. workers were notified and considered for the job opportunity for which certification is sought.
In my opinion, they should have said NO to Q26 and NA to Q26-A. Am I right?
Anyways, this is water under the bridge,
1. What options do I have now? My H1B expires in Sep 08 and my 6 yrs completes in Jun 08.
2. I was in L1 visa earlier and changed to H1B in 05. Does L1 yrs count towards H1B?
3. The lawyer is thinking of refiling, will that make any difference at all?
What should I do? I am tensed
.Thanks!