PERM denied on Alternate Requiements clause

[csb]

My PERM was denied yesterday on Alternate Requirements clause.I spoke with our attorney and he mentioned that a lot of cases were denied yesterday on the same basis.I believe,the DOL was looking for these words which were not mentioned and hence the denial "any suitable combination of education, training or experience".

They are planning to submit a new application as MTR will take considerable amount of time and they suggested,applying for a new one would be faster.

My question is that,

1.Is it toorisky to apply for the same job title the second time around also.
2.Will it affect my changes since the system already knows that XYZ applicant was rejected once.

My PD was May'08 EB2

Any inputs would be appreciated

[Sunx_2004]

Suitable combination of education....this is very broad term what is appropriate combination...If you don't mind can you share the exact qualifications you specified in Labor application.

My PERM was denied yesterday on Alternate Requirements clause.I spoke with our attorney and he mentioned that a lot of cases were denied yesterday on the same basis.I believe,the DOL was looking for these words which were not mentioned and hence the denial "any suitable combination of education, training or experience".

They are planning to submit a new application as MTR will take considerable amount of time and they suggested,applying for a new one would be faster.

My question is that,

1.Is it toorisky to apply for the same job title the second time around also.
2.Will it affect my changes since the system already knows that XYZ applicant was rejected once.

My PD was May'08 EB2

Any inputs would be appreciated

[csb]

Not a problem,

My labor was submitted under M.S + 2
This is what the attorney had to say,the only issue of alternatives relates to the major area of his degree (“Engineering” as opposed to “Computer Science”

DO you think it is worth to appeal or start a new appliaction with the corrected words "Magic Words"

[csb]

Any suggestions whether to appeal or start a new application.

[Sunx_2004]

As per my understanding your company need to run the advertisement again if job requirements change.

Your Lawyer can suggest you better..
cheers

Not a problem,

My labor was submitted under M.S + 2
This is what the attorney had to say,the only issue of alternatives relates to the major area of his degree (“Engineering” as opposed to “Computer Science”

DO you think it is worth to appeal or start a new appliaction with the corrected words "Magic Words"

[gclabor07]

My EB2 PERM was denied back in 2006 for the same exact reasons. DOL, or their automated computer system, is looking for those exact magic words. Your rejection letter will state the same.

In my case, my lawyer had submitted MTR without telling me. When I came know about it, he said it was erroneous rejection and that's why he submitted MTR. I consulted Murthy and posted on forums for a second opinion. The answer I got was to resubmit your application with those magic words. Eventually, I was able to convince my attorney and we revoked MTR after 3 months without any results.

I ended up re-advertising because my ads had expired. I missed the July 2007 VB bus too during this mess. We submitted the new application with those words and it got approved.

In your case, you won't even have redo the ads. Just file a new app.

Hope this helps.

NOTE: Not legal advice. Always, consult an attorney.

[csb]

Thanks gclabor07 for your inputs.I did talk to the attorney and they are submitting a new application with the "magic words".

Just wanted to know whether they can apply for the same job code or would they need to alter some of the JD's

Thanks again

[angelfire76]

Please elaborate on these magic words and the context? I'm very interested as my labor app also contains Alternate degree requirement as "Engineering" and major field of Study as "Computer Science", with the alternate combination education and experience option not being acceptable.

Thanks in advance.