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  #1 (permalink)  
Old 04-29-2010, 02:19 PM
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India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold
Default Labor denied

labor certification denial was sent to my friends employer.
what does this mean?
should she appeal? how long does the appeal process take?
can she reapply? how long should the wait be?
does it have to be with a different company?

Her H1b is valid until Nov 2011.
- any help is appreciated. thanks.

Last edited by India_USA; 04-29-2010 at 02:21 PM. Reason: added question/details
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  #2 (permalink)  
Old 04-29-2010, 02:35 PM
Senior Member
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gcformeornot will become famous soon enough
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Quote:
Originally Posted by India_USA View Post
labor certification denial was sent to my friends employer.
what does this mean?
should she appeal? how long does the appeal process take?
can she reapply? how long should the wait be?
does it have to be with a different company?

Her H1b is valid until Nov 2011.
- any help is appreciated. thanks.
upon why it was denied. Do u know the reason for denial...????
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  #3 (permalink)  
Old 05-01-2010, 06:12 PM
Senior Member
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Feb-07
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06/28/2007
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08/01/2007
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Join Date: Jul 2007
Posts: 216
gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute
Default

Quote:
Originally Posted by India_USA View Post
labor certification denial was sent to my friends employer.
what does this mean?
should she appeal? how long does the appeal process take?
can she reapply? how long should the wait be?
does it have to be with a different company?

Her H1b is valid until Nov 2011.
- any help is appreciated. thanks.
India_USA:

labor certification denial means your friend's dream/ desire of becoming a permanent resident thru her Employment Basis, in USA is temporarily halted. The labor certification denial does not affect the status of her existing H1-B.

Unlike USCIS's appeal process, the DOL appeal process is very tedious and time consuming. Further the success rate is very very less. The appeal process takes somewhere between 18 to 36 months. In my humble opinion, the appeal process is not worth in terms of money and waiting. It is better to apply for a new PERM labor again instead of taking the appeal route.

Your friend can apply new PERM labor approval thru the same company. There is no necessacity that the new PERM labor has to be applied thru a different company.

I wish your friend Good Luck.

Last edited by gcwait2007; 05-01-2010 at 06:15 PM.
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  #4 (permalink)  
Old 05-03-2010, 09:42 PM
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Join Date: Apr 2010
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India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold India_USA is a splendid one to behold
Default

Quote:
Originally Posted by gcwait2007 View Post
India_USA:

labor certification denial means your friend's dream/ desire of becoming a permanent resident thru her Employment Basis, in USA is temporarily halted. The labor certification denial does not affect the status of her existing H1-B.

Unlike USCIS's appeal process, the DOL appeal process is very tedious and time consuming. Further the success rate is very very less. The appeal process takes somewhere between 18 to 36 months. In my humble opinion, the appeal process is not worth in terms of money and waiting. It is better to apply for a new PERM labor again instead of taking the appeal route.

Your friend can apply new PERM labor approval thru the same company. There is no necessacity that the new PERM labor has to be applied thru a different company.

I wish your friend Good Luck.
Thank you for your advice. I am not sure of the reason for her denial. As you said about filing a new perm instead of appealing the denial - how soon can she apply or is there some time frame in which she cannot apply.
My friend and I appreciate your help.
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  #5 (permalink)  
Old 05-04-2010, 11:56 AM
Senior Member
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
06/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Jul 2007
Posts: 216
gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute gcwait2007 has a reputation beyond repute
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She (Her GC sponsoring company) can start the PERM process immediately. There is no waiting period after DOL denial.
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