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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1 (permalink)  
Old 02-13-2008, 12:11 PM
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Feb-06
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mr_aryan can only hope to improve
Question Perm Audit- Need Help Please

Hi everybody,
First of all I would like to Appreciate & thank IV & team as well as members on this forum for their time & effort in addressing members concerns on this forum.
I applied my labor through an XYZ company mid-last yr.Now we received a audit for the petetion sayin that the employers minimum req exceeded the SVP level assigned by O*Net to the SOC CODE assigned by occupation identified bin F-2 of ETA.
My problem is my employer is not that coopervative & laid back & their attorney is even worse.After continous bein after them, they r like y dont u get supporting docs urself.
I'am in a desperate situation as i cant even approach other attorneys as my employer would'nt agree.
I would greatly appreciate if someone could send me some write-up in this regards which would help my case.
thnx in advance
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  #2 (permalink)  
Old 02-13-2008, 01:34 PM
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Nov-05
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I140 Mailed Date
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singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute
Default

Mr. Highly Skilled immigrant,
You have not provided any details relevant to your petition.
If you are looking for just sympathy, then it is a different story and my sympathies are with you.

Quote:
Originally Posted by mr_aryan View Post
Hi everybody,
First of all I would like to Appreciate & thank IV & team as well as members on this forum for their time & effort in addressing members concerns on this forum.
I applied my labor through an XYZ company mid-last yr.Now we received a audit for the petetion sayin that the employers minimum req exceeded the SVP level assigned by O*Net to the SOC CODE assigned by occupation identified bin F-2 of ETA.
My problem is my employer is not that coopervative & laid back & their attorney is even worse.After continous bein after them, they r like y dont u get supporting docs urself.
I'am in a desperate situation as i cant even approach other attorneys as my employer would'nt agree.
I would greatly appreciate if someone could send me some write-up in this regards which would help my case.
thnx in advance
__________________
We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
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  #3 (permalink)  
Old 02-13-2008, 02:10 PM
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mr_aryan can only hope to improve
Default Reg:perm Audit

Dear SINGHSA3,
Mine is EB-2 petetion with B.E & 5 +yrs experience & the AD which my employer posted is relevant.And i hope you understand by now what this audit is about as you sound very intelligent.
And i laso wish you peace of mind & good luck with your immigration petetion & ur life as u sound very frustated.And thank u for ur sympathies,but i do not need 1.

urs,
Highly Skilled immigrant.
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  #4 (permalink)  
Old 02-13-2008, 02:36 PM
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singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute
Default

Just provide what is the O*Net code and job description and you will get the the answers from lots of folks.
Quote:
Originally Posted by mr_aryan View Post
Dear SINGHSA3,
Mine is EB-2 petetion with B.E & 5 +yrs experience & the AD which my employer posted is relevant.And i hope you understand by now what this audit is about as you sound very intelligent.
And i laso wish you peace of mind & good luck with your immigration petetion & ur life as u sound very frustated.And thank u for ur sympathies,but i do not need 1.

urs,
Highly Skilled immigrant.
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  #5 (permalink)  
Old 05-25-2008, 11:02 PM
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jvsap is on a distinguished road
Default Need Help Pl - got AUDIT

Hi Guys,
I am newbee on gc process. This is my case details
My Employer applied LC in Dec-2007, got RFE in last week ,but
stating the reason:

Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.




Please advice me what should I reply ? How serious is the RFE ?

Thanks & Regards,
jvsap
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  #6 (permalink)  
Old 05-25-2008, 11:10 PM
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N/A
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Default

Quote:
Originally Posted by jvsap View Post
Hi Guys,
I am newbee on gc process. This is my case details
My Employer applied LC in Dec-2007, got RFE in last week ,but
stating the reason:

Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.




Please advice me what should I reply ? How serious is the RFE ?

Thanks & Regards,
jvsap
RFE is always serious. Dont take it lightly as they might deny approval if you dont respond or the answer is not satisfactory. Your RFE seems like for your experience though I am not very clear. What your attorney saying. Whats your GC category and how much experience it requires. What is your experience. Provide all the details and people would be able to answer your questions.
__________________
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filing without current PD
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  #7 (permalink)  
Old 05-26-2008, 12:03 AM
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jvsap is on a distinguished road
Default Default Need Help Pl - got AUDIT

Hi,
Thanks for your response. I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.

Mine is BE+5years, applied under EB2 CATEGORY.

My employer advised me create a document which explains the Job Duties and responsibilites etc project by project. I have 9+ years of experience.

Usually my employer will contact attorney directly.
My EMPLOYER is saying
all documnets including resume, experience letters, etc.

Can any body explain me what exactly uscis is expecting from me , what kind avidence they are expecting in RFE ?

RFE Reason says:



Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.


Thanks
jvsap
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  #8 (permalink)  
Old 05-26-2008, 10:55 AM
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Jun-06
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gcformeornot will become famous soon enough
Default Imho

Quote:
Originally Posted by jvsap View Post
Hi,
Thanks for your response. I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.

Mine is BE+5years, applied under EB2 CATEGORY.

My employer advised me create a document which explains the Job Duties and responsibilites etc project by project. I have 9+ years of experience.

Usually my employer will contact attorney directly.
My EMPLOYER is saying
all documnets including resume, experience letters, etc.

Can any body explain me what exactly uscis is expecting from me , what kind avidence they are expecting in RFE ?

RFE Reason says:



Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.


Thanks
jvsap
these things are better handled by lawyers....
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  #9 (permalink)  
Old 05-26-2008, 05:58 PM
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Mar-06
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EB2
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04/07/2010
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I-140
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09/27/2010
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Default Perm Audit, then denied filed for reconsideration

Hi,

I applied for PERM in June 07, received audit in Oct 07, replied for audit in Oct 07 and received denial in april 08. Filed for reconsideration in May 08. Can anyone please tell me if i filled for reconsideration will my priority date be June 07 or May 08. Did any one receive any positive response after filling for reconsideration.
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  #10 (permalink)  
Old 05-28-2008, 04:43 PM
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Oct-05
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marty will become famous soon enough
Default

As mentioned, you need to provide documents containing information about the following:

1: Position descriptions, the percentage of time spent on the various duties
A letter with the details like when you joined the employer, what was your job responsibilities, what type of training or certifications you have etc etc. You will also need to update your resume and make sure that you have included information such as description of each project that you have worked including technologies used, number of team members, your role etc for the past 9 years.

2: Organizational charts
You can obtain that from HR.

3: Payroll records
If you have kept your payroll records for the past nine years its good. Otherwise, talk to your accounting department and get the copy of your payrolls. You should provide total of 108 pages of payroll.

Once you have all the documents, write a cover letter that list what type of supporting evidences you are attaching. Provide as much information as possible including copies of training record, copies of certifications etc etc.

Good luck.

Last edited by marty; 05-28-2008 at 04:46 PM.
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  #11 (permalink)  
Old 05-28-2008, 04:51 PM
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Aug-03
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Nepal
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puskeygadha is infamous around these parts puskeygadha is infamous around these parts
Default Mtr

Hi Ivar

you priority date will be the first time you filed LC.
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  #12 (permalink)  
Old 05-28-2008, 05:21 PM
Member
Priority Date
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Aug-05
Category
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EB2
I140 Mailed Date
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06/14/2007
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Canada
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08/08/2007
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GoneSouth will become famous soon enough
Default

Quote:
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.
jvsap: Experience gained while at the company sponsoring the labor certification, cannot normally be used to satisfy the experience requirement of the position stated in the labor certification. In your case, if the position requires BE +5 yrs experience, you need 5+ years experience prior to joining your current company. You must have got this RFE because you do not have 5 years experience outside your sponsoring company.

In certain rare cases, you may be granted credit for the experience at the sponsoring company, IF you can show that the experience was gained at a position that was "substantially different" from the position for which the LC is being filed. Hence the language of the RFE.
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  #13 (permalink)  
Old 06-01-2008, 08:21 AM
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jvsap is on a distinguished road
Default Perm Audit- Need Help Please

Hi,
Thanks a lot guys,
It is really helpful. In past 9 year I have changed 5 employers.
What are these payroll records? I guess they are from employer side
as an employee I can only have only pay slips.Does these work?
Do I need to ask my current employer to attach the paryoll records of mine or shall i send my pay slips including all what ever i have previously....

Does the current employer organizational charts are good or do I need to get from previous employers which I dont have and difficult to get those... ??.



Yes the language of RFE is really complicated....


Thanks & Regards,
jvsap
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  #14 (permalink)  
Old 08-21-2008, 01:43 PM
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enigma1 is on a distinguished road
Default

Did you get any response for your application?
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