RIR of IT job in NY DOL denied and what to do?

D

dream

Registered Users (C)
I would like to get your opinions and suggestions concerning a case of denied labor certification (LC) / RIR required for green card application.

Yesterday, my friend of mine told me that her application for labor certification (LC) / RIR required for green card application was denied in the NY DOL office because of the slump job market according to her lawyer.

She filed the LC / RIR appication with her information technology company’s full sponsorship in September, 2001. At that time, she was working for the company with a curricular training/F1 visa (Master degree student) status and so her official education profile was not a master but a bachelor. After then, she got a master degree and was promoted to a manager position in the company, and her visa status was changed to H1B. She has been working for the company for more than 3 years until now.

Her lawyer mentioned that if she wants, the NY DOL office will strictly do another ad for the job position for the RIR again. Also, her lawyer noted that if her company rejects even one American applicant who responded to the job ad, her application will be finally denied again. Therefore, she is not comfortable with another RIR.

She is even considering filing a new LC application of her current manager job position which is a different job requirement from the past one. In reference, her company has 3 office locations (the headquarter office in Delaware; two branch offices in NY and Boston) and she is working in the NY office.

I look forward to hearing from you all. Any opinions and suggestions are welcome. Thank you.
 
Guys,

Are you sure many are getting approval, do you know when did these approval cases was filed to the labor department , your answers are really appreciated
 
dream

Your friend’s attorney is wrong in generalizing the issue by saying "if her company rejects even one American applicant who responded to the job ad, her application will be finally denied again".

If you have lawful and valid reason to reject any/all candidate, DOL can't deny your case.

I have a friend who had to go through similar experience and NY DOL approved his LC in Oct 2003 after 2 NOF and 1 supervised advertisement. They received 5 resumes after reposting the advertisement in newspaper and they rejected all the candidates; some based on experience/education and others based on not responding.

Case was applied as RIR category in April 2001. Job was for an Accountant with 1 year of experience and 4 year degree in Accounting/Finance.

First NOF they got for salary and reason for hiring a full time accountant for a company doing business in wholesale.

After submitting rebuttal, DOL came back with request to repost the advertisement to test job market again.

Second NOF was issued for rejecting one of the candidate having 15 years of experience.

Check following thread for the details.

http://boards.immigrationportal.com/showthread.php?s=&threadid=103939
 
Last edited by a moderator:
You must log in or register to reply here.
Top