Received NOF with Intent to Deny for labor Certification under RIR

[Rajesh Naik]

Hi I am working in Detroit, MI.
I filed for my GC under RIR for labor certification in the month of January 2003.
My Attorney sent an email in January 2004 saying that my State has been cleared and it is in federal review.
Initially in July 2004 I received Notice of Findings from Federal Office saying that the advertisement
from the company was not adequate enough and they recomended me to re-advertize with limited modifications
without changing the Job description.
Our company advertised again in month of August adding few additional requirements. Now I received the NOF again
from Federal Office with INTENT TO DENY on the grounds that the modifications restricted not only other work force
but also makes me disqualified to apply for the current position.

My Attorney has given me two options
1) Appeal the case saying that limited modifications where actually proposed by state Workforce agency earlier. This
could take upto 6 months with possibility of either approving or rejecting completely.
He is about 60% confident on success rate.

2) Withdraw the case under RIR and re-file as new application starting with labor again.

Question:

Did any one had this same situation?
I am not sure on what to do now? Any suggestions?

 

[usnycus]

We received NOF from Philadelphia DOL with "Intent to Deny" message back in Nov 2002. But that was for missing Tier-Sheets and very easy to handle.

You have complicated situation. Looks like they are saying that job requirement are tailed and is not a standard requirement for similar the position.

Outcome of your response entirely depends upon attorney ability. And, looks like attorney already made a mistake by agreeing to all the changes given by DOL. How come attorney agreed on changes that will make beneficiary (i.e. you) ineligible?

If you have documents to prove that changes in job requirement are made as per DOL guidance, you might get approved after submitting rebuttal.