I filed my labor via the normal approach in march 2005 and later converted that to perm in mar 2006 .
I have a bs in CS + 8 yrs experience . The job requirement posted was for ms+2 / bs+5 yrs of experience.
This week i got the denial for this case .
My Perm application was rejected due to the following reasons.
Form ETA 9089 has not been certified. A certification cannot be issued as required by section 212(a)(5)(A) of INA as amended.
Reason for Denial :
ETA Form 9089 indicated the alien is currently employed by the employer and only qualifies for the position identified in the application by virtue of employer's alternative experience requirements.
However the employer has not indicated on the application that applicants with any suitable combination of education, training or experience are acceptable.
Authority of Denial :
Per 20 CFR 656.17(h)(4)(ii) "If the alien beneficiary already is employed by the employer and the alien does not meet the primary job requiremenets and only potentially qualifies for the job by virtue of the employer's alternative requiremenets, certification will be denied unless the application states that any suitable combination of education, training or experience is acceptable. Therefore the application is denied.
I am already in my 7 th year extension . I talked to my lawyer and he said that he will appeal and will also apply my 8 th year extension based on the appeal . Also he will be applying a new perm application with a different job title .
My question is
1) what happens if the appeal is denied . Will my 8 th year extension be invalid? if appeal is denied can i use the new perm approval to get the h1 extension.
2) How long does the appeal take? My lawyer said 1 - 1.5 years ?? is that true
3) Does appeal in this case a good thing to do ? or should i withdraw and file a new one.
4) I read in some posting that you can call the CO and talk to him directly about the denial . Is that possible?
5) Assuming that the appeal is heard , will the priority date change?
6) did you ever hear of any successful appeal in such a case?
Any advice on this case is highly appreciated.
Confused
Thanks
Jay
I have a bs in CS + 8 yrs experience . The job requirement posted was for ms+2 / bs+5 yrs of experience.
This week i got the denial for this case .
My Perm application was rejected due to the following reasons.
Form ETA 9089 has not been certified. A certification cannot be issued as required by section 212(a)(5)(A) of INA as amended.
Reason for Denial :
ETA Form 9089 indicated the alien is currently employed by the employer and only qualifies for the position identified in the application by virtue of employer's alternative experience requirements.
However the employer has not indicated on the application that applicants with any suitable combination of education, training or experience are acceptable.
Authority of Denial :
Per 20 CFR 656.17(h)(4)(ii) "If the alien beneficiary already is employed by the employer and the alien does not meet the primary job requiremenets and only potentially qualifies for the job by virtue of the employer's alternative requiremenets, certification will be denied unless the application states that any suitable combination of education, training or experience is acceptable. Therefore the application is denied.
I am already in my 7 th year extension . I talked to my lawyer and he said that he will appeal and will also apply my 8 th year extension based on the appeal . Also he will be applying a new perm application with a different job title .
My question is
1) what happens if the appeal is denied . Will my 8 th year extension be invalid? if appeal is denied can i use the new perm approval to get the h1 extension.
2) How long does the appeal take? My lawyer said 1 - 1.5 years ?? is that true
3) Does appeal in this case a good thing to do ? or should i withdraw and file a new one.
4) I read in some posting that you can call the CO and talk to him directly about the denial . Is that possible?
5) Assuming that the appeal is heard , will the priority date change?
6) did you ever hear of any successful appeal in such a case?
Any advice on this case is highly appreciated.
Confused
Thanks
Jay