PERM RFE and DENIAL

Rahul_

Registered Users (C)
My company filed my PERM in end of May 2007. The category being EB2 as I did my Master's degree from here.

We got an RFE in Mid Sept stating "The employer's min requirements in the ETA Form 9089 exceed those normally required for the job opportunity as defined by O*Net". My company showed 5 years when the requirement was 4.

We filed a response in Mid Nov. and received a denial in mid-late Aug. 2008 on frivolous grounds such as the company's name is missing from the ad. (which is not the case) and that the company illegally rejected US citizens on the basis of lack of experience in a few areas; the company did not mention any such reason in any correspondence with the rejected candidates.

My best and perhaps only option is to file a motion against denial instead of starting from scratch to retain my Priority Date.

Please advise...

Thanks..
 
Perm RFE/Denial

My company representative spoke to a lawyer with an eminent law firm that recently won a law suite against the INS for wrong PERM denials. He advised against filing an appeal since the company has an overwhelming percentage of H1-B employees.

Any suggestions?
Thanks.
 
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