PERM Denied - What are options now

ret76 said:
Cabal,

Hi! I am a silent spectator of this forum and i would say that this is very informative specially for me who does know little about PERM and Greencard stuff. I am hoping to find some answers to my question relating PERM.

I hold a BS Civil Engineering Degree from the Philippines and employed in a Civil ENgineering Consulting Firm (Land Developement). I am thinking of applying for greencard and i understand that the labor cert must be process first through PERM. Is it safe to file PERM with a job description of Civil ENgineer eventhough i am not a licensed Civil Engineer here in US.

I understand we have the same case, but what i do not know if you are a licensed Civil Engineer here in US.

your reply is must appreciated.

Thank you,

BTW, what job description did you used? is it Civil Engineer?? project engineer??

Thanks again

robert
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I have filed as an environmental engineer as my MS is in Env. engr. I think it should be possible to file your PERM application. To take your PE exam you need to have atleast a few years of experience. So if you specify min. experience you should not need to show PE license and should not have problems with prevailing wage either.
 
Bystander6 said:
Yes, it should the reason for denial. If your lawyer put 04/14/2005 to 6/13/2005 (30 days from today), then it should be o.k. It seems you have an incompetent lawyer. This info can be found in recent DOL FAQs.
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Hi Bystander6,

I just checked the FAQ on the PERM website and got this

Must the required 30 day job order timeframe end at least 30 days prior to filing?
Yes, the 30 day job order timeframe must end at least 30 days prior to filing. While the employer is not limited to the 30 day timeframe and may choose to post the job order for a longer period, 30 days of the posting must take place at least 30 days prior to filing

I guess my Lawyer was right when he said that this should not be a problem.
So we will have to wait for the denial letter.

Anyone know how long it takes to get the denial letter?

Thanks for your help.
 
bsnf said:
Hi Bystander6,

I just checked the FAQ on the PERM website and got this

Must the required 30 day job order timeframe end at least 30 days prior to filing?
Yes, the 30 day job order timeframe must end at least 30 days prior to filing. While the employer is not limited to the 30 day timeframe and may choose to post the job order for a longer period, 30 days of the posting must take place at least 30 days prior to filing

I guess my Lawyer was right when he said that this should not be a problem.
So we will have to wait for the denial letter.

Anyone know how long it takes to get the denial letter?

Thanks for your help.
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Yes and no. Your wife's case was denied by the computer matrix not a CO. The denial letter will be generic and won't help much. You may end up waiting several days. I suggest fixing it and file again. The PERM rule allow you to file again without waiting time requirement after case denial.

Think about this, when you are using computers, it popped up an error message for some reasons. Most of the time, the error message won't help much and you still need to find out and fix the errors by yourself.

However, if the denial is after audit review, it is through a CO. Then the reason of denial will be helpful.

It is up to you to push lawyer to do that. Their interest is to collect money not your interest.
 
Bystander6 said:
Yes and no. Your wife's case was denied by the computer matrix not a CO. The denial letter will be generic and won't help much. You may end up waiting several days. I suggest fixing it and file again. The PERM rule allow you to file again without waiting time requirement after case denial.

Think about this, when you are using computers, it popped up an error message for some reasons. Most of the time, the error message won't help much and you still need to find out and fix the errors by yourself.

However, if the denial is after audit review, it is through a CO. Then the reason of denial will be helpful.

It is up to you to push lawyer to do that. Their interest is to collect money not your interest.
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Thanks for your reply. I understand your point I hope my Lawyer does too.
I send him a e-mail requesting to refile with changed dates, will also call and bug him later in the day.
 
bsnf said:
Thanks for your reply. I understand your point I hope my Lawyer does too.
I send him a e-mail requesting to refile with changed dates, will also call and bug him later in the day.
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There may have other mistakes from the original application. Try to get a copy of the original application from lawyer and review it carefully. Fix all those apparent errors and ask the lawyer to resubmit. Good luck.
 
My wife just called the Atlanta Processing center at 404-893-0101, the lady told that if the computer system denies an application then someone goes and verifies that the denial was valid or not and if the denial is valid then they generate a letter stating the reason for denial and send to employeer and Lawyer.
She also adviced my wife not to refile before receiving the denial letter.
She also said that the letter takes between 1 week to 1 month to get.
 
cabal said:
I have filed as an environmental engineer as my MS is in Env. engr. I think it should be possible to file your PERM application. To take your PE exam you need to have atleast a few years of experience. So if you specify min. experience you should not need to show PE license and should not have problems with prevailing wage either.
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MS Env will qualify EB2 NIW
 
cabal said:
I have filed as an environmental engineer as my MS is in Env. engr. I think it should be possible to file your PERM application. To take your PE exam you need to have atleast a few years of experience. So if you specify min. experience you should not need to show PE license and should not have problems with prevailing wage either.
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Thanks for your reply (Cabal and Great Guru)!

Im just wondering what is the difference between filing an EB2 vs EB3? In my case what should i apply for? EB2 or EB3? :confused:

Also, when does the prevailing wage applies based from PWD? is it after passing the interview for Greencard or after obtaining the work authorization?

Again thanks for your quick reply.

Robert
 
ret76 said:
Thanks for your reply (Cabal and Great Guru)!

Im just wondering what is the difference between filing an EB2 vs EB3? In my case what should i apply for? EB2 or EB3? :confused:

You only qualify EB3 with your foreign BS Engineering Degree.

Also, when does the prevailing wage applies based from PWD? is it after passing the interview for Greencard or after obtaining the work authorization?

if you are working for the company right now, which is sponsering you, you should get LCA salary, once I 485 is approved then prevailing wage certified in the LC.

Some time LCA salary is little higher than LC prevailing salary because of different levels with in the category.
Again thanks for your quick reply.

Robert
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Got this from my Lawyer today

Update on PERM Issues
Cite as "AILA InfoNet Doc. No. 05070141 (posted Jul. 1, 2005)"
Fixing the Decision Logic
AILA members have been reporting that some of their cases that had been showing on the status screens as “denied” have now switched to “review pending,” “audit” or some other status reflecting that the case is no longer denied. On the other hand, some members who previously saw “review” or “audit” statuses are now reporting screens that indicate “denied”. Still others report that previous “denied” screens have not changed. In response to inquiries about this, DOL indicates:
“Unfortunately, we have not had all issues fixed on the technology side, but we are in the process of doing so now. We will notify you when the changes are implemented. Please advise your members to be patient and not re-submit their applications. “
Counting Regulatory Time Periods
AILA’s DOL liaison sought clarification of comments from the Department of Labor during the AILA Annual Conference regarding how the PERM system counts regulatory time periods. Following is an excerpt from a DOL email on the counting of the required periods:
“…[T]here are two types of calculations performed by the Perm system: Time Period Calculations and Time Line Calculations.
Time Period Calculations are those verifying the number of days an activity took place (an example would be verifying that a job order ran for 30 days). When calculating Time Periods, the day the event occurred is counted as day one and the last day of the event is included in the count.
Time Line Calculations are those verifying the number of days prior to or after an event (an example of this is verifying the advertisements did not run less than 30 days or more than 180 days from the date of filing). When calculating Time Lines, the day the event occurred is not counted. The next date is counted as day one and the last day of the event is included in the count.”
 
This email is as of today from AILA

Disregard Pre-7/15/05 PERM Denial Notices

Cite as "AILA InfoNet Doc. No. 05071564 (posted Jul. 15, 2005)"
The Department of Labor has been addressing PERM decision logic issues that AILA has been bringing to its attention. As a result, it has re-run the cases already in its system--including those for which a denial notice has actually been sent--and a large number of previously-denied cases are now in processing for full review. Please check the PERM status screens on any electronically filed cases for which you have received a denial notice; you may find an active status now being reported.
You do not need to act on any denial notice dated through July 14, 2005, per the following email from Department of Labor:
"For applications previously listed as 'denied' but now showing they are re-activated (due to our re-running cases after we fixed glitches in the system), we will not hold employers to their original appeal dates for denials we sent through July 14, 2005. If their status has changed, they do not need to take any other action unless they hear from one of the NPCs. For those still in denied status, please wait until receiving the correct (second) denial letter before filing any appeals. Thanks for your patience as we sort through the new system."
Thank you to all the AILA members who have been sending in their denials. They have helped tremendously in enabling AILA's DOL liaison to identify trends and patterns and work with DOL to see that those issues are addressed. Please do continue to send them in so that this process can continue. It is best if they are sent by email to reports@aila.org. However, if you need to fax them instead, please send to the attention of Crystal Williams at 202-783-7853.
 
what is H12?

Hi ,
What is H12 - keep hearing a lot about answer to this?Please explain.

Thanks,
JNLK
 
jnlk said:
Hi ,
What is H12 - keep hearing a lot about answer to this?Please explain.

Thanks,
JNLK
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H12 Question

Are the job opportunity's requirements normal for the occupation?

Yes NO Check boxes.


If the answer to this question is No, the employer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity,
 
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I e 23 Question?

I. e. 23. has any body applied PERM with " YES" to this question and got approval.

I.e.23.
Has the employer received payment of any kind for the submission of this (PERM) application?
YES NO


great guru said:
H12 Question

Are the job opportunity's requirements normal for the occupation?

Yes NO Check boxes.


If the answer to this question is No, the employer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity,
Click to expand...
 
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