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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #16 (permalink)  
Old 02-04-2007, 05:49 PM
Junior Member
Priority Date
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Jan-05
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EB3
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India
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CoolStrom is on a distinguished road
Smile NOF on 3 counts and 6th year H1B ending in just 2 months

Hi Fellas,

After a long wait my JAN'05,2005 pd regluar LC got NOF from PBC.It was done on 3 counts.

1>My boss did not provide enough recuriting evidence. He did placed some calls to candidates and they never returned the call - That is not enough for PBC.They want their resumes, any certified mail etc.. We did place and ad and he interviewd about 9 to 10 people and documented all the reasons why he couldn't hire them. So obviously they want more proof.

2>They want work experience to exectly match . i.e. 3 years of sql,pl/sql, c,oracle forms...i did work as a developer and administrator but those expereience letter did not mention those skills..so they want those tools/skills listed in work expereince letters- which i am in the process of getting.

3>75% travel business necessiaty.

PBC wants to know why this job involves 75% of travelling. Actually i do travel 75% in a year. They just want the business reason documented.

So what are your thoughts guys? I only 2 months left on my 6th year H1. My H1B renewal for 7th year is in process...should i refile with same company in PERM so i can get the 8th year extension or should i refile with different company in PERM. I am planning to rebuttal this case anyway...but i want to create a back up plan , just in case it gets denied.

I will really appreciate your help in this matter..any thoughts or suggestions?

Thank you guys, CoolStrom
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  #17 (permalink)  
Old 03-01-2007, 08:37 PM
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vivache has a spectacular aura about vivache has a spectacular aura about vivache has a spectacular aura about
Default Intent to deny

I got a similar Intent To Deny letter.
The issue that they had raised was home come from the over 1000 applications that my company recd .. not one matched the requirements?

And this when the other applications for other colleagues were approved with same info.
My lawyers (always late .. in filing) .. filed and got it resolved .. I did not see their brief .. so cannot tell you the content.

In this case .. you need a good lawyer .. who has done this before.
They issue Intent to deny many a time .. and as long as you provide them a good rebuttal everything works fine. Get a good attorney .. not a cheap one.
Even if say Murthy agrees to do this .. and it costs you more .. go for it ..

Best of luck.
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  #18 (permalink)  
Old 03-01-2007, 08:43 PM
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jit15k is on a distinguished road
Default

I am sharing my experience I got similar letter three weeks ago my attorney apologized to me and said that she will correct things and send it back to backlog. I trusted her and last week my labor was cetified. Ask the lawer what went wrong and he/she can correct it. I heard that many people has got these letters in last couple of months
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  #19 (permalink)  
Old 03-01-2007, 08:54 PM
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centaur is infamous around these parts centaur is infamous around these parts
Default

You can file a malpractice lawsuit against the attorney and complain to the state bar

Quote:
Originally Posted by perm2gc
nothing much you can do at this time.. its rare case... you cannot complain against a attorney...

Good Luck!!!
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  #20 (permalink)  
Old 03-02-2007, 08:54 AM
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Mar-06
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I140 Mailed Date
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05/06/2006
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06/29/2007
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pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

Quote:
Originally Posted by macaca
Complaints Rise Against Immigration Lawyers.

There was a box with telephone numbers to place complaints. I don't see it now. You can send email to the author.
send email to the author and ask. also ask AILA (i doubt you may get an answer from them). once you get those answeres, post in the IV spotlight series on lawyers thread so that it will be useful for members.
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  #21 (permalink)  
Old 03-06-2007, 08:29 AM
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Sep-01
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jamsumfarray is on a distinguished road
Default Intent to deny labor cert

Hi yesturday i got a letter from the back log processing center statign that "intend to deny labour"
my case was was tr non rir filled in nov 2002..so in feb we made advertisement in newspapers and got one interview ...
but since the skills did not match no interview was conducted ..
now yest i got the letter saying that the labour was denied due to the reason 1.that no interview was conducted to the us worker !! but my lawyer said that it was not required !!!!
now the labour dept wants a documetation as to why the interview was not done ?n reasons etc ?plz hlep em out on this .....

Last edited by jamsumfarray; 03-06-2007 at 01:46 PM.
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  #22 (permalink)  
Old 03-06-2007, 09:40 AM
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May-06
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10/11/2006
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eager_immi is on a distinguished road
Default

Can you please run a spell check before you write something; it is extremely hard to comprehend your text.

Quote:
Originally Posted by jamsumfarray
hi yest i recieved a letter from the backlog processign center stating that my labour is intent to deny reasons 1.as teh interview was nto conducted for teh us worker who had applied to our advertisement ...my case was tr ...
now i need to get back to them with the documentation about y teh interview was not conducted and so on .... please advise me and i dotn think my lawyer is very good too ..any good lawyer and how to get hold of them fast please let me know about it ok ..thanks
__________________
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  #23 (permalink)  
Old 03-06-2007, 10:16 AM
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amitga has much to be proud of amitga has much to be proud of amitga has much to be proud of amitga has much to be proud of amitga has much to be proud of amitga has much to be proud of amitga has much to be proud of amitga has much to be proud of amitga has much to be proud of
Default

Good practice to read anagrams

Quote:
Originally Posted by jamsumfarray
hi yest i recieved a letter from the backlog processign center stating that my labour is intent to deny reasons 1.as teh interview was nto conducted for teh us worker who had applied to our advertisement ...my case was tr ...
now i need to get back to them with the documentation about y teh interview was not conducted and so on .... please advise me and i dotn think my lawyer is very good too ..any good lawyer and how to get hold of them fast please let me know about it ok ..thanks
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  #24 (permalink)  
Old 03-06-2007, 10:33 AM
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dan19 is on a distinguished road
Default

Calling those applicants for interview might solve your issue.

Your lawyer should show that your company made all efforts to contact those affected individuals after getting the Intent to Deny.

The labor department wants to ensure that your company is making sincere efforts to recruit American Citizens over others. Since your company didn't do it earlier, it was considered a breach of trust.

I have seen an almost similar case for my friend. His case got approved after his company called the affected individuals for interview.

(I am not a attorney. Please contact an attorney for professional advice)


Quote:
Originally Posted by jamsumfarray
hi yest i recieved a letter from the backlog processign center stating that my labour is intent to deny reasons 1.as teh interview was nto conducted for teh us worker who had applied to our advertisement ...my case was tr ...
now i need to get back to them with the documentation about y teh interview was not conducted and so on .... please advise me and i dotn think my lawyer is very good too ..any good lawyer and how to get hold of them fast please let me know about it ok ..thanks
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  #25 (permalink)  
Old 03-06-2007, 12:16 PM
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Priority Date
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Mar-06
Category
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EB2
I140 Mailed Date
:
06/02/2006
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Processing Stage
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I-485
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:
08/01/2007
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perm2gc will become famous soon enough perm2gc will become famous soon enough
Default

Quote:
Originally Posted by jamsumfarray
hi yest i recieved a letter from the backlog processign center stating that my labour is intent to deny reasons 1.as teh interview was nto conducted for teh us worker who had applied to our advertisement ...my case was tr ...
now i need to get back to them with the documentation about y teh interview was not conducted and so on .... please advise me and i dotn think my lawyer is very good too ..any good lawyer and how to get hold of them fast please let me know about it ok ..thanks
Please check the forum.Many threads are opened on same issue and are well addressed by members.

Good Luck!!!
__________________
Remember, remember always, that all of Americans... are descended from immigrants and revolutionists
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  #26 (permalink)  
Old 03-07-2007, 08:24 AM
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farajas is on a distinguished road
Default got a letter stating that intend to deny labour

hi
recieved a letter which says intend to deny labour? is anyoen else in the same boat as this?
the reasons for this are that my employer did not take the interview of the candidate who was a us worker !!!!! this was not done as my lawyer said that it would not be necessary? my case is sept 2002 ?non rir eb3 ..
now i must send a documentation about the interview not being conducted anyone can u please help me out ? my lawyer is very usueless ..
my h1 b visa expires on oct 26 i am on my 9 yr extensions!!what r my options what does anyone suggest please giv eur suggestions i am in a hurry .
they labour dept has asked me to get back to them by march 31.
thanks
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  #27 (permalink)  
Old 03-13-2007, 12:00 PM
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Aug-05
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I140 Mailed Date
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04/05/2007
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Saudi Arabia
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:
08/01/2007
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snhn is infamous around these parts snhn is infamous around these parts snhn is infamous around these parts snhn is infamous around these parts snhn is infamous around these parts
Default

guys I have posted else where on this forum but really needa hlep. Its a matter of saving lots of time for me.

MY labor from 2001 Non rir is up. Company placed an ad in the newspaper. The description is the same as the one DBEC is using on AJB. However, the newspaper ad states this. BAchelors in Computer Scinece or computer information systems. While ETA form says Bachelors in comptuers.

Will I face any problems from DBEC. Please respond.

Actually my attorney messed up in 2001 when stated Bacehlors in computer. It should have been computer sceince. Anyhows everthing else is the same.

The resumes will be forwarded to DBEC and then they will forward them to us.
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  #28 (permalink)  
Old 03-13-2007, 12:49 PM
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Jan-05
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CoolStrom is on a distinguished road
Default Should be ok, don't worry.

Hi as you all guys know i had a Intent to deny about a month ago and it was certified wihin a week when my Attorny replied...as per online status ..i have yet to get the paper copy.

But like someone else said in the forum..make sure your attornty gives a good rebuttal...for me work experience letter were little different and i have not heard any issue so far, and not that i will not have any issues as i yet to see the paper copy of the approval again...so if you change anything in your work experience or degree then it is considered as change in the ETA 750B and i have read somewhere that it is then considered as a new priority date..so once i see my hard copy approval i will be able to tell how safe it is to change or amend anything.

Wish you guys the best of luck....
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  #29 (permalink)  
Old 03-13-2007, 11:01 PM
Member
Priority Date
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Nov-02
Category
:
EB2
I140 Mailed Date
:
07/23/2007
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India
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:
07/23/2007
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LC2002 will become famous soon enough
Angry Case status showing "CLOSED"

Hi Friends,

My recruitment report was filed in end of Jan 07, till today case status was showing "In process" today after noon it changed to "CLOSED" .

Really frustrated after wait of more than 4 years now. My company liar responded to my email nothing to worry about, will check and update
In my case recruitment period went smoothly no resumes recieved.

Please post your experiences and suggestions.

Thanks.
__________________
VA-NON RIR, EB2
PD Nov 02
Recruitment report sent end of Jan 07,
Status till 03/13/07 - In process.
Status on 03/13/07 - Closed
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