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  #1 (permalink)  
Old 09-23-2009, 04:19 PM
Junior Member
Priority Date
:
Sep-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Aug 2006
Posts: 10
ckpas is on a distinguished road
Default PERM in-process state after appeal

Need some help/advice on PERM LC issue:

My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),

On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."

thanks in advance, appreciate comments

UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.

Last edited by ckpas; 10-01-2009 at 01:40 PM.
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  #2 (permalink)  
Old 10-01-2009, 01:39 PM
Junior Member
Priority Date
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Sep-08
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I140 Mailed Date
:
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:
India
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Join Date: Aug 2006
Posts: 10
ckpas is on a distinguished road
Default

bump

Can anyone please comment ?
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  #3 (permalink)  
Old 10-02-2009, 11:17 PM
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Priority Date
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Aug-04
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:
EB3
I140 Mailed Date
:
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:
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:
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Roger Binny is just really nice Roger Binny is just really nice Roger Binny is just really nice Roger Binny is just really nice
Default

Quote:
Originally Posted by ckpas View Post
bump

Can anyone please comment ?
Yes, yours is back into under normal process.

By the ways, using which URL did you track the progress ?
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  #4 (permalink)  
Old 10-03-2009, 01:17 PM
Junior Member
Priority Date
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Sep-08
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:
EB2
I140 Mailed Date
:
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:
India
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:
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Join Date: Aug 2006
Posts: 10
ckpas is on a distinguished road
Default

thanks a lot for your reply.

My employer looked at DOL website and found the status is in-process.

Another question : when you say back to normal process, what do you mean ?
I found that the "Govt error appeal cases" are processed as current, standard appeal have a backlog of aug 2007. My employer said mine wouldn't fall under any of these two conditions. He is confident that the CO just will certify anytime soon. Is this the case ?
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