PERM - Chicago vs Atlanta

My HR has notified me today that my PERM case has been denied. Case was filed on Aug 9th, received some mail from DOL with some queries about wage and advertisements.

Can someone let me know following?

1. Since I'm new to this PERM process, what should I ask my HR to know the reasons of denial? Can someone send me specific questions that I should ask my HR?

2. Any other PERM denial for cases filed on Aug?

Here is my case detail:-
Case filed on: Aug 09, 2005
Category: EB2 (BS+7yrs Exp)
Processing Center: Atlanta
Application Status: Denied

Please help me. :mad:
Thanks.
 
Last edited by a moderator:
I am sorry to hear that. I am not sure what to ask for. This is what came to my mind.

1. Was it rejected because it does not fall into EB-2 category. In that case can it be re-filed as an EB-3 case?
(OR)
2. Was it rejected because the DOL thinks that company is not financially stable to pay the prevailing wage?
(OR)
3. Was it rejected due to system error?

abu
 
Hi Abu,
Thanks for responding. How should one find out whether case was rejected due to system error or otherwise?

Amit

abu2003 said:
I am sorry to hear that. I am not sure what to ask for. This is what came to my mind.

1. Was it rejected because it does not fall into EB-2 category. In that case can it be re-filed as an EB-3 case?
(OR)
2. Was it rejected because the DOL thinks that company is not financially stable to pay the prevailing wage?
(OR)
3. Was it rejected due to system error?

abu
Click to expand...
 
I am sorry. I have no idea about it. Maybe your lawyer can contact/email DOL and find it.
I am not sure if you will get a mail(postal) saying that your application is denied. If that is the case, may be that letter might have some info as of why your case was denied. But these are all speculations.
 
Case was filed on Aug 9th, received some mail from DOL with some queries about wage and advertisements.
Click to expand...

1) Are you sure they replied (and with the right items)?
2) If they asked about advertisements maybe something in the timeline was wrong or system error.
BS+7 doesn't sound like it would be a cause for denial.
 
Hi,
I've been able to get the denial letter from my HR and here is what it says:-

************************************
Section I of ETA Form 9089 indicates the occuptation is non-professional. However, the SOC for the occupation listed on the application is found on the list of Professional Occupations from Appendix A of the Preamble to 20 CFR 656. Beacuse the required recruitment process was not conducted, the application is denied.

The application indicates that a Sunday edition of newspaper of general circulation was available but not used. Per 656.17(e), the application is denied.

The application indicates that a Sunday edition of newspaper of general circulation was available for the second required advertisement but not used. Per 656.17(e), the application is denied.

The application indicates the advertisements used for the recruitment effort did not occur within the allowable time stated per 656.17(e) (at least 30 days, but no more than 180 days from the date the application was filed). Therefore, the application is denied.

The expiration date for the Prevailing Wage is either less than 90 days or more than 1 year from the date the prevailing wasge determination was made. Per 656.40 (c), the prevailing wage is invalid and the application is denied.
***********************************

One thing I know that my company has done some big stupid thing but not exactly what.

Can someone help me understand this denial letter?

Thanks,
Amit

gc_2006 said:
1) Are you sure they replied (and with the right items)?
2) If they asked about advertisements maybe something in the timeline was wrong or system error.
BS+7 doesn't sound like it would be a cause for denial.
Click to expand...
 
Reading this it looks weird. I cannot imagine they did all that wrong. My guess is they did one thing wrong and it then somehow caused these other errors.

labor2005 said:
Section I of ETA Form 9089 indicates the occuptation is non-professional. However, the SOC for the occupation listed on the application is found on the list of Professional Occupations from Appendix A of the Preamble to 20 CFR 656.
Click to expand...
Maybe that is what it is all about - they wrongly indicated that it was a non-professional position.

labor2005 said:
Beacuse the required recruitment process was not conducted, the application is denied.
Click to expand...
Professional and non-professional recruitment processes differ. For your sake I hope they did all the right recruitment steps but somehow the wrong box 'non-professional' got checked instead of 'professional'.
Make sure that all the recruitment is correct for the professional position you are applying for and then simply file PERM again with the same data (just check the 'professional' box correctly this time).

labor2005 said:
The application indicates that a Sunday edition of newspaper of general circulation was available but not used. Per 656.17(e), the application is denied. The application indicates that a Sunday edition of newspaper of general circulation was available for the second required advertisement but not used. Per 656.17(e), the application is denied.
Click to expand...
This is one item. As I said it might have to do with the wrong box. Do you know if your company did do the 2 Sunday ads?

labor2005 said:
The application indicates the advertisements used for the recruitment effort did not occur within the allowable time stated per 656.17(e) (at least 30 days, but no more than 180 days from the date the application was filed). Therefore, the application is denied.
Click to expand...
Did they wait for the 30-day additional period? That'd be my only guess as to the cause of this error.

labor2005 said:
The expiration date for the Prevailing Wage is either less than 90 days or more than 1 year from the date the prevailing wasge determination was made. Per 656.40 (c), the prevailing wage is invalid and the application is denied.
Click to expand...
This is strange as I assume you just got your PWD when you did the recruitment. Do you know more details as to when you got the PWD and how long it is valid for? (Maybe you got it too early and it expired already).
 
PERM Chicago

I was watching this board quite some time now. I just reproduced the list below hope to get some news about someone in this got approval!
1. Rajaabhi - FR 06/24-Chicago
2. irinastaicu - FR 06/24-Chicago, filled 6/15, no conversion, RIR at BEC
3. psam123 - FR 06/28-Chicago
4. AnilMI - FR 06/29-Chicago
5. knowDOL - FR 07/01-Filed 6/14-Chicago(No conversion) - one RIR with SWA not yet in BEC
6. Prats - FR 07/08-Chicago (filed 6/3, denied 6/6, sponsorship 7/6, final review 7/8, in process 7/28); EB2; No conversion but RIR app also pending at BEC (no word on case entry/ 45 day letter)
7. titu1972 - FR 07/12-Chicago
8. einmanninus - FR - 07/14-Chicago -No paper LC application, will start H1B from Oct. (currently using OPT)
9. gsn - FR 06/28-Chicago
10. sd_guy - FR 06/24-Chicago (+4 others in Final Review 6/24)
11. Gc_Reform - FR 06/24 Chicago, Filed 06/10, Pending RIR at SWA, NO BEC, NO Conversion
12. Cabal - FR 06/24 Chicago, Filed 06/6, (Sent Recruit Let 7/18)
13. coolz - FR 6/29 Chicago, Filed : 6/29
14. Jay2005 - FR 06/24; Filed : 06/02 - Chicago (One RIR in BEC, no conversion )
15. nhusson - FR 06/24; filed on 06/15 -- Chicago (No conversion) - one RIR
(SWA CA sep 2004) - not yet in BEC
16. abu2003 - FR; Filed on 05/24/05 - Chicago
17. deshu77 - FR; Filed on 06/02/05 - Chicago (1 more in Same Situation)
18. Goofy101 - FR 6/24, Filed on 5/23 -Chicago (5/24 - 6/24 Audit Review)
19. Bystander6 - FR 7/22, Filed on 7/22 - Chicago
20. CA_GreenCD - FR 7/27 - Chicago
21. ZlikeZebra - EB2 Filed on 6/16 - Chicago, Denied, FR 6/24, In process 7/28
22. nning---Sp 07/06 Filed on May 21st,Audit review to 06/24,denied to july06, sponsorship from 07/06, in process from 07/28---chicago
23. Zoid - IP 7/28, Filed 7/1 - Chicago
24. GL05 - In Process; Filed on 05/31/05 - Chicago (no conversion), RIR pending
 
1. Rajaabhi - FR 06/24-Chicago CERTIFIED
2. irinastaicu - FR 06/24-Chicago, filled 6/15, no conversion, RIR at BEC CERTIFIED
3. psam123 - FR 06/28-Chicago
4. AnilMI - FR 06/29-Chicago
5. knowDOL - FR 07/01-Filed 6/14-Chicago(No conversion) - one RIR with SWA not yet in BEC
6. Prats - FR 07/08-Chicago (filed 6/3, denied 6/6, sponsorship 7/6, final review 7/8, in process 7/28); EB2; No conversion but RIR app also pending at BEC (no word on case entry/ 45 day letter) CERTIFIED
7. titu1972 - FR 07/12-Chicago
8. einmanninus - FR - 07/14-Chicago -No paper LC application, will start H1B from Oct. (currently using OPT)
9. gsn - FR 06/28-Chicago
10. sd_guy - FR 06/24-Chicago (+4 others in Final Review 6/24)
11. Gc_Reform - FR 06/24 Chicago, Filed 06/10, Pending RIR at SWA, NO BEC, NO Conversion
12. Cabal - FR 06/24 Chicago, Filed 06/6, (Sent Recruit Let 7/18)
13. coolz - FR 6/29 Chicago, Filed : 6/29
14. Jay2005 - FR 06/24; Filed : 06/02 - Chicago (One RIR in BEC, no conversion )
15. nhusson - FR 06/24; filed on 06/15 -- Chicago (No conversion) - one RIR
(SWA CA sep 2004) - not yet in BEC
16. abu2003 - FR; Filed on 05/24/05 - Chicago
17. deshu77 - FR; Filed on 06/02/05 - Chicago (1 more in Same Situation)
18. Goofy101 - FR 6/24, Filed on 5/23 -Chicago (5/24 - 6/24 Audit Review)
19. Bystander6 - FR 7/22, Filed on 7/22 - Chicago
20. CA_GreenCD - FR 7/27 - Chicago
21. ZlikeZebra - EB2 Filed on 6/16 - Chicago, Denied, FR 6/24, In process 7/28
22. nning---Sp 07/06 Filed on May 21st,Audit review to 06/24,denied to july06, sponsorship from 07/06, in process from 07/28---chicago
23. Zoid - IP 7/28, Filed 7/1 - Chicago
24. GL05 - In Process; Filed on 05/31/05 - Chicago (no conversion), RIR pending
 
Hi gc_2006,
Thanks for taking time and responding. I'm looking to refile my application through a good attorney.

Do you or anyone reading this forum know any good attorney who has received EB2 approval?

Thanks,
Amit

gc_2006 said:
Reading this it looks weird. I cannot imagine they did all that wrong. My guess is they did one thing wrong and it then somehow caused these other errors.


Maybe that is what it is all about - they wrongly indicated that it was a non-professional position.

Professional and non-professional recruitment processes differ. For your sake I hope they did all the right recruitment steps but somehow the wrong box 'non-professional' got checked instead of 'professional'.
Make sure that all the recruitment is correct for the professional position you are applying for and then simply file PERM again with the same data (just check the 'professional' box correctly this time).


This is one item. As I said it might have to do with the wrong box. Do you know if your company did do the 2 Sunday ads?


Did they wait for the 30-day additional period? That'd be my only guess as to the cause of this error.


This is strange as I assume you just got your PWD when you did the recruitment. Do you know more details as to when you got the PWD and how long it is valid for? (Maybe you got it too early and it expired already).
Click to expand...
 
Certified in Chicago Center

Hi, Guys,

I just check my PERM status 30 minutes ago. The status shows
"certified". I have visited this forum for information almost everyday.
I wish good luck to everybody.

Here is my information:
EB2, Electronic Engineer, MS+2 years, IT industry
Chicago center
Filed: 7/15, FR: 7/15, IP: 7/28, Certified: 8/31.
one RIR pending, no 45 days letter yet.

:)
 
Hm, I personally have to use our company lawyer (I think I have seen better) but what can you do.....so I cannot recommend someone I have personally had a GC from....however I suggest you look into the host of this site...Rajiv Khanna. I had exchanged email with him and he is super responsive. Also his rates for PERM & GC are very competitive - plus he has gotten approvals already.
I tried to use Rajiv for my case also but the company insisted on using their own lawyer.

Note: I am not getting any kickbacks for recommending Rajiv.
labor2005 said:
Hi gc_2006, Thanks for taking time and responding. I'm looking to refile my application through a good attorney. Do you or anyone reading this forum know any good attorney who has received EB2 approval.
Amit
Click to expand...
 
Time expensed on PERM preparation

AnilMI said:
Chicago "Final Reivew"
Filed on 06/27
Final Reivew 06/29
EB3
Click to expand...

Folks,

Can you please tell me how long time for PERM filing preparation from ads to filing? Thanks.
 
In Process or Approved?

Status: "Approved" from "In Process"

--------------------------------------------------------------------------

EB2 CIS Manager

MS+ 2yrs

Atlanta

applied on: 8/31

wondering how much time would it take to become "Certified" from "Approved"??
 
Approved? now that's a funny status...I thought that you could only see In Process, Withdrawn, Certified or denied
 
I'd be surprised that your case is actually certified though one day seems rather short for a certification but who knows
 
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