Intent to deny labor

[vivache]

Hi there.
Finally after many years of waiting(since July 2002), the backlog centre got back with an intention to deny my labor( question raised related to hiring procedure of company).
My lawyers filed a rebuttal.

My question is this:
If my lawyer's response is inadequate what happens? Is my labor denied?
Or is there a chance for another rebuttal by the lawyer?
Any idea whether this(question raised related to hiring procedure of company) is a commonly raised issue.

Also let's say worst case my labor gets rejected, can I sue my employer for failing to follow a proper hiring procedure causing me hardships? And can I stay in country to fight this even though I am out of status?

Thanks
V

[sodh]

From my experience of reading all the forums if the question is about hiring practices of your employer,your employer can contact the people who were interviewed saying the position is still open if they want it, and if they don't reply within a certain time frame the employer can show this as evidence that they are are still not interested in job and you were the only employee
suitable at the time of hiring. I am not a lawyer its just a friendly advise take or leave it. No point in sueing you can always complain about these corrupt employers to the right authorities.

[bkarnik]

Originally Posted by vivache

Hi there.
My question is this:
If my lawyer's response is inadequate what happens? Is my labor denied?
Or is there a chance for another rebuttal by the lawyer?
Any idea whether this(question raised related to hiring procedure of company) is a commonly raised issue.

Also let's say worst case my labor gets rejected, can I sue my employer for failing to follow a proper hiring procedure causing me hardships? And can I stay in country to fight this even though I am out of status?

Thanks
V

This is my personal opinion. Again, you should talk to an immigration lawyer to get the real deal. From my knowledge, if the DOL denies the certification inspite of your lawyer's rebuttal, your only recourse is to file an appeal or a new labor under PERM. Since, could be a couple of months before the DOL gets back with a reply, you could try filing under PERM as a fresh labor. However, you would be considered out of status the day the DOL denies your previous certification unless you already had one under PERM filed. Another recourse id to file an appeal and hope for the best. But, I am almost sure that you cannot stay in the country pending the outcome of the appeal (again, I may be wrong, and if you find out otherwiae from a lawyer, please post so that I may be better informed.)

As for as staying in the country while suing the employer is most probably out of the question. AS far as the USCIS is concerned, you are out of status and it has no bearing on any other litigation you may have going on. Again, let me know if I am wrong in either of my assumptions.

[dan19]

My advice: Dont panic. The basic function of the DOL is to review whether the hiring process was done properly or not. So if they issue a Intent to Deny, most probably it will be regarding the hiring process. If your lawyer answers back properly, you should be safe.

You need to sit down with your lawyer and find out what his/her strategy is. If you are not satisfied with it, better consult another lawyer about it. It is better to get a second opinion in these matters.

Originally Posted by vivache

Hi there.
Finally after many years of waiting(since July 2002), the backlog centre got back with an intention to deny my labor( question raised related to hiring procedure of company).
My lawyers filed a rebuttal.

My question is this:
If my lawyer's response is inadequate what happens? Is my labor denied?
Or is there a chance for another rebuttal by the lawyer?
Any idea whether this(question raised related to hiring procedure of company) is a commonly raised issue.

Also let's say worst case my labor gets rejected, can I sue my employer for failing to follow a proper hiring procedure causing me hardships? And can I stay in country to fight this even though I am out of status?

Thanks
V

[vivache]

The issue here is this.
As a policy my company says, they will not pass on any documents regarding the immigration process to employees. So I cannot even review whatever rebuttal the lawyers have filed.

Question: Is it legal for employers to say this?
This way I will not even know if future issues are raised .. since this is now our company policy.

(I got to know of this particular issue since the HR person leaving was kind enough to show it to me.)

[jonty_11]

GC is an employer sponsored process, you may have negotiated with them to start GC process as soon as u join them, but they are not obligated to show u anything under law. Maintaining good realtions with HR is a good way of obtaining these Docs. However, small consulting firms who have made a business out of the GC process, may not provide you any insight into whats going on.