urgent help!!! appeal or refile

D

divakarR

Registered Users (C)
My perm was filed on 10/12/2005. and got denied three week ago. Today, the HR received the letter.

The denied reason: The expiration date for the Prevailing Wage is either less than 90 days or more than 1 year from the date the prevailing wage determination was made which makes the prevailing wage invalid.

The HR people entered the error date for the prevailing wage.

My H1b is going to expired on 11/01/2006.
What am going to do? appeal or refile.

Thank you very much!
 
I read somewhere that refiling is faster than appealing. Also, I-140 takes more than a year to get approved. So, what are your plans for staying in USA? Just wanted to give a headsup.

divakarR said:
My perm was filed on 10/12/2005. and got denied three week ago. Today, the HR received the letter.

The denied reason: The expiration date for the Prevailing Wage is either less than 90 days or more than 1 year from the date the prevailing wage determination was made which makes the prevailing wage invalid.

The HR people entered the error date for the prevailing wage.

My H1b is going to expired on 11/01/2006.
What am going to do? appeal or refile.

Thank you very much!
Click to expand...
 
divakarR said:
My perm was filed on 10/12/2005. and got denied three week ago. Today, the HR received the letter.

The denied reason: The expiration date for the Prevailing Wage is either less than 90 days or more than 1 year from the date the prevailing wage determination was made which makes the prevailing wage invalid.

The HR people entered the error date for the prevailing wage.

My H1b is going to expired on 11/01/2006.
What am going to do? appeal or refile.

Thank you very much!
Click to expand...

1) appeal and hope (but look like you don't have a strong case)

2) If your company agrees to continue I140 once you are not working (studying perhap), you can refile and change visa to F1 to study for a while until I140 gets approved.

3) Die... I am joking. Refile and travel out of US for a long long vacation so you can capture it. (for example, refile in Feb 01 06, you need to go out of US for 3 months or so)
 
I agree with #3 point. Refile and re-capture the time that you spent outside of the US to allow for another year's extensin to your H1
 
Thank you all.

I want to know what is a strong case to appeal. Please give me an example.

My situation is the HR lady entry the expiraton date of PWD 01/12/2005 instead of 01/12/2006.

Do you think this is not a strong case?

Thanks,

Divakar
 
Our PERM petition was denied and we appealed. not a pleasant experience. They took long time to respond and even though it was there fault(they admitted it) the advised us to refile.
So refiling would be a better option. Just my personal exp.

Jadoo85
 
divakarR said:
Thank you all.

I want to know what is a strong case to appeal. Please give me an example.

My situation is the HR lady entry the expiraton date of PWD 01/12/2005 instead of 01/12/2006.

Do you think this is not a strong case?

Thanks,

Divakar
Click to expand...

Of course it is not a case. Remember that is your fault (employer fault), not DOL fault. So, what do you appeal for ?
You can only appeal if it is DOL fault. If not, DOL will suggest you refiled. I think you should do it asap and of course consult an attorney.
 
my case approved on 01/13/2006.

filed on 10/12/2005
denied on 12/10/2006.

Refiled on 01/13/2006
approved on 01/13/2006. (same day as the refile date)


My boss talked to the certify officer who denied my case. my case denied by a harmless reason. (the HR entered the wrong prevailing wage date). The DOL does not like US to appeal, He promised to appvoved my case right the way. My boss called him after refiled and he approved it in 2 hours.

From what he told my boss. the confirmation email is not very important, there have a lot of cases got approved without it.

I hope this really helps and hope everybody got their perm approved very soon.
 
i agree with divakar. Many folk here have reported calling the officer denying the previous application has helped. So I would suggest that you call the officer that denied it first, as divakar did and then see what he says.
 
certifying officer telephone information

divakar,

can u post me the certifying office telephone number or contact information for the certifying officers.

Thanks
 
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