PERM Denied - What are options now

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bsnf

Registered Users (C)
My Wife's PERM application was denied, don't know reason yet.
Besides waiting for the denial letter, what options do we have.

Any advice will be appreciated.
Thanks
 
Can you give some details about your wife's PERM application? Such as job description, education, application process etc...
 
Position: Elementary School Teacher
She works for Public School (State Government Employee) teaches 3rd grade
Education : Masters in commerce from India.
Completed 2 years Licensure in Elementary Education Program from a University in US.
Has a Valid Licience to Teach K to 6th grade in the state she is working.

Application Category: EB3
Filed on: 07/02/05
Checked status on 07/07/2005 --> Showed Denied.

2 Sunday Ad's were placed on 05/22 and 05/29 (Simple AD was placed "Required Teacher K to 5 grade)
SWA job order was placed in April
Job Fair was held in March
Job placed on School web site from Jan 19th and is still on their web site.

Don't know yet why her case was denied.

Any sugessions - advice will be appreciated.

Thanks
 
bsnf said:
Position: Elementary School Teacher
She works for Public School (State Government Employee) teaches 3rd grade
Education : Masters in commerce from India.
Completed 2 years Licensure in Elementary Education Program from a University in US.
Has a Valid Licience to Teach K to 6th grade in the state she is working.

Application Category: EB3
Filed on: 07/02/05
Checked status on 07/07/2005 --> Showed Denied.

2 Sunday Ad's were placed on 05/22 and 05/29 (Simple AD was placed "Required Teacher K to 5 grade)
SWA job order was placed in April
Job Fair was held in March
Job placed on School web site from Jan 19th and is still on their web site.

Don't know yet why her case was denied.

Any sugessions - advice will be appreciated.

Why did you go as professional recruitment route? Is elementary teacher position professional.
Ahich State the job is?
I do not see any reason to reject EL teahcer job LC, market is in need of too many teachers.
Wait for denial notice, which may contain the reason.
Thanks
Click to expand...
 

We did all the recruitment effort as we were sure no one would apply (Plus Lawyer did not inform us of any other option) - The place that my wife works is remote and the poorest county in North Carolina.

What was the other recruitment effort avaliable to us.

Thanks
 
great guru

Great Guru

what do you mean by asking why they went via professional route?
what other route could they go with?

As far as I know with No child left behind teacher have to be highly qualified to be allowed to get the license and teach.
Usually a teacher has to have a minimum of a Bachelor degree + pass state licensure tests (each state has its own requirements) + to qualify for full teaching license, all teachers go through teacher preparation programs, many times that means getting Masters degree or being very close to it..

I guess there was a glitch in the system and the attorney will be able to resubmit the application...
 
felix31 said:
Great Guru

what do you mean by asking why they went via professional route?
what other route could they go with?

As far as I know with No child left behind teacher have to be highly qualified to be allowed to get the license and teach.
Usually a teacher has to have a minimum of a Bachelor degree + pass state licensure tests (each state has its own requirements) + to qualify for full teaching license, all teachers go through teacher preparation programs, many times that means getting Masters degree or being very close to it..

I guess there was a glitch in the system and the attorney will be able to resubmit the application...
Click to expand...

Yes, that is the reason I was put the question.

Ordinary route is just 2 news paper advt.+ Job Order
Professional route, 1 news paper+ 1 Professional Journel+ job order

additional any 3 advt, web advt, employer referral, job fair, ethinic news paper etc.

Since elementary teacher job is not professional in nature, I though it would have triggered the denial. (Professional usally get vey high prevailing wage min $125K to no limit)
 
great guru said:
Yes, that is the reason I was put the question.

Ordinary route is just 2 news paper advt.+ Job Order
Professional route, 1 news paper+ 1 Professional Journel+ job order

additional any 3 advt, web advt, employer referral, job fair, ethinic news paper etc.

Since elementary teacher job is not professional in nature, I though it would have triggered the denial. (Professional usally get vey high prevailing wage min $125K to no limit,but El school teacher usually less than 50K)
Click to expand...
 
Well, that's confusing... I thought level of education determines if a position is considered professional or non-professional

just to be sure, I have checked with a friend of mine this afternoon, she also works as a school teacher and her PERM shows 'certified'. Her attorney used professional route.
 
felix31 said:
Well, that's confusing... I thought level of education determines if a position is considered professional or non-professional

just to be sure, I have checked with a friend of mine this afternoon, she also works as a school teacher and her PERM shows 'certified'. Her attorney used professional route.
Click to expand...

So , your attorney made some error. Don't worry, it may get delayed but definitely certified soon.
 
Professional

As I understand, any job position that needs bachelor's degree or higher is considered "professional."



felix31 said:
Well, that's confusing... I thought level of education determines if a position is considered professional or non-professional

just to be sure, I have checked with a friend of mine this afternoon, she also works as a school teacher and her PERM shows 'certified'. Her attorney used professional route.
Click to expand...
 
felix31 said:
Well, that's confusing... I thought level of education determines if a position is considered professional or non-professional

just to be sure, I have checked with a friend of mine this afternoon, she also works as a school teacher and her PERM shows 'certified'. Her attorney used professional route.
Click to expand...

Is it possible for you to find what recruitment effort they did.

Thanks
 
bsnf said:
Is it possible for you to find what recruitment effort they did.

Thanks
Click to expand...


At the time of employment with current employer She had Bachelor degree and 2 yrs of teaching exp oversees + 1 yr of US teaching exp. School district sponsored H1 transfer. At the time of transfer she already had state provisional license issued for three yrs and already completed half of the state requirements for full license.

In due course of time, she completed everyhting for the full 5yrs license and as soon it was issued, sometime last fall, the attorney started preparations for labor application.
As PERM got launched in March, her attorney decided to not hurry and apply through PERM. They worked very close with HR person to prepare PERM and finally applied in mid June. As far as I know they did the same as you guys.

the latest online check (a few days ago) shows case as 'certified' so HR people expect to get certificate quite soon.
 
EB2 Perm Denied... Help needed

My lawyer filed my case yesterday and with in 3 hours the status changed to Denied :confused: . I have one year left on my H1B. Can any of you guys suggest me about options availabe so that I can get 7th year extension. Can I refile it again tomorrow or Do I have to wait until I receive denial reason from DOL?
My case details are
Job Title : Senior software engineer
Ad posted as : BS+5Years
H12 - Yes
My qualification : BE in Civil with 8 years exp in IT.

It would be great if any of you guys let me know various options ahead of me.

Thanks in advance
 
Professional Jobs!!

Great guru is incorrect when he says that professional jobs require PW>125K. By his defination only 10% of all jobs in America are professional jobs. I know of many engineering fields where even after many years of experience people do not make that much. It is your job and the required qualification which defines what is a professional job or not.

Maybe I should have been a cabbie in NY or a dozer operator which would have probably qualified me better as a professional ;)
 
felix31 said:
At the time of employment with current employer She had Bachelor degree and 2 yrs of teaching exp oversees + 1 yr of US teaching exp. School district sponsored H1 transfer. At the time of transfer she already had state provisional license issued for three yrs and already completed half of the state requirements for full license.

In due course of time, she completed everyhting for the full 5yrs license and as soon it was issued, sometime last fall, the attorney started preparations for labor application.
As PERM got launched in March, her attorney decided to not hurry and apply through PERM. They worked very close with HR person to prepare PERM and finally applied in mid June. As far as I know they did the same as you guys.

the latest online check (a few days ago) shows case as 'certified' so HR people expect to get certificate quite soon.
Click to expand...

Thanks for your reply.

My Wife got her Teaching Liciense even before she got hired.
But she did not have any Teaching experience in India, just 7months voluntary in US and 4 months of Practical Training. I just hope the no teaching experience is not the reason for denial (I had checked with Lawyer about the experience part, but he said it should not be a problem).
She has 3 years experience from India as a Administartive Manager.
 
cabal said:
Great guru is incorrect when he says that professional jobs require PW>125K. By his defination only 10% of all jobs in America are professional jobs. I know of many engineering fields where even after many years of experience people do not make that much. It is your job and the required qualification which defines what is a professional job or not.

Maybe I should have been a cabbie in NY or a dozer operator which would have probably qualified me better as a professional ;)
Click to expand...

Per US academic definition, Engineering degree is not a professional degree.

MD, DDS, JD are considered only as professional degree. They usually make such salary
 
great guru said:
Per US academic definition, Engineering degree is not a professional degree.

MD, DDS, JD are considered only as professional degree. They usually make such salary
Click to expand...

I am not sure if you really make 125K and can apply for labor in professional way when you have JD degree. Even you have JD degree, its really hard to make 125K as an entry level job. And I dont think by having JD, you can apply your labor through it. JD, I am talking about Juris Doctor, correct me if you have different defination.
 
IndiraGandhi said:
I am not sure if you really make 125K and can apply for labor in professional way when you have JD degree. Even you have JD degree, its really hard to make 125K as an entry level job. And I dont think by having JD, you can apply your labor through it. JD, I am talking about Juris Doctor, correct me if you have different defination.
Click to expand...

Lawyer with JD SOC 23-1011. This is minimum prvailing wage. Indira Gandhi open your eye

Level 1 Wage :$76,669 year
Level 2 Wage: $50.38 hour - $104,790 year
Level 3 Wage: $63.89 hour - $132,891 year
Level 4 Wage: $77.41 hour - $161,013 year
Freshers from Harvard, Penstate Law schools always get 125K.
 
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