this is a tough one - help

[sakabih2003]

I am in a pickle.

I am an H1B. My employer is currently sponsoring me for Labor Certification. The legal counsel is providing guidance in the process. All the steps have been completed and we are at a point when the Labor Certification Application needs to be submitted to the U.S. DOL. The legal counsel thinks that the following series of three questions from page 6 of the application have to be answered "YES," and that doing so will seriously diminish our chances of getting the Labor Certification approved by the DOL:

21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested?
22. Did the employer pay for any of the alien's education or training necessary to satisfy any of the employer's job requirements for this position?
23. Is the alien currently employed by the petitioning employer?

If I was hired by this employer out of college and was provided specific training, does that mean that we have to answer the above with YES?

Is it true that if we answer Yes to these, the application will be denied?

What if the application is denied, will I be able to appeal the decision or reapply?

Thanks all.

 

[newbies]

I am in a pickle.

I am an H1B. My employer is currently sponsoring me for Labor Certification. The legal counsel is providing guidance in the process. All the steps have been completed and we are at a point when the Labor Certification Application needs to be submitted to the U.S. DOL. The legal counsel thinks that the following series of three questions from page 6 of the application have to be answered "YES," and that doing so will seriously diminish our chances of getting the Labor Certification approved by the DOL:

21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested?
22. Did the employer pay for any of the alien's education or training necessary to satisfy any of the employer's job requirements for this position?
23. Is the alien currently employed by the petitioning employer?

If I was hired by this employer out of college and was provided specific training, does that mean that we have to answer the above with YES?

Is it true that if we answer Yes to these, the application will be denied?

What if the application is denied, will I be able to appeal the decision or reapply?

Thanks all.

Yes. It will lead to the deny. I don't think you can win.