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

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  #1 (permalink)  
Old 09-14-2006, 11:53 PM
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Default A letter of Intent to Deny Labor Certification from Labor Department

I received a letter two weeks ago from the Dallas Backlog elimination center saying that they have the intent to deny my labor certification which was done back in 2003 using RIR. I went to consult other lawyers(board certified) and basically they said that my lawyer totally messed up my application. The letter says the job description of the advertisement was too restrictive and the ETA form's description of the job did not match the advertisement. I have hired a new lawyer since. My new lawyer suggested we request a consent from the elimination center to readvertisement although the letter didn't say anything about that except providing evidence to show the requirements for the job arise from business necessity.

My question is does anyone every encounter this kinda problem and if so, what are the chances of getting approval to readvertise? My new lawyer told me he never came across a problem like this and if it's not approved, we will have to refile everything again and get a new priority date since I am already on the 7th year of my H1B visa. I have waited for three years for the labor certification and one can imagine how frustrating it has been since I got the letter from the elimination center.

Also, does any one have any suggestions what I could do to complain about my former lawyer?? Thanks for any help I can get. I am desperate.
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  #2 (permalink)  
Old 09-15-2006, 01:56 AM
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perm2gc will become famous soon enough perm2gc will become famous soon enough
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Quote:
Originally Posted by Saun
I received a letter two weeks ago from the Dallas Backlog elimination center saying that they have the intent to deny my labor certification which was done back in 2003 using RIR. I went to consult other lawyers(board certified) and basically they said that my lawyer totally messed up my application. The letter says the job description of the advertisement was too restrictive and the ETA form's description of the job did not match the advertisement. I have hired a new lawyer since. My new lawyer suggested we request a consent from the elimination center to readvertisement although the letter didn't say anything about that except providing evidence to show the requirements for the job arise from business necessity.

My question is does anyone every encounter this kinda problem and if so, what are the chances of getting approval to readvertise? My new lawyer told me he never came across a problem like this and if it's not approved, we will have to refile everything again and get a new priority date since I am already on the 7th year of my H1B visa. I have waited for three years for the labor certification and one can imagine how frustrating it has been since I got the letter from the elimination center.

Also, does any one have any suggestions what I could do to complain about my former lawyer?? Thanks for any help I can get. I am desperate.

nothing much you can do at this time.. its rare case... you cannot complain against a attorney...

Good Luck!!!
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  #3 (permalink)  
Old 09-15-2006, 05:28 AM
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rbharol will become famous soon enough rbharol will become famous soon enough
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Quote:
Originally Posted by Saun
I received a letter two weeks ago from the Dallas Backlog elimination center saying that they have the intent to deny my labor certification which was done back in 2003 using RIR. I went to consult other lawyers(board certified) and basically they said that my lawyer totally messed up my application. The letter says the job description of the advertisement was too restrictive and the ETA form's description of the job did not match the advertisement. I have hired a new lawyer since. My new lawyer suggested we request a consent from the elimination center to readvertisement although the letter didn't say anything about that except providing evidence to show the requirements for the job arise from business necessity.

My question is does anyone every encounter this kinda problem and if so, what are the chances of getting approval to readvertise? My new lawyer told me he never came across a problem like this and if it's not approved, we will have to refile everything again and get a new priority date since I am already on the 7th year of my H1B visa. I have waited for three years for the labor certification and one can imagine how frustrating it has been since I got the letter from the elimination center.

Also, does any one have any suggestions what I could do to complain about my former lawyer?? Thanks for any help I can get. I am desperate.

This is a tough situation to be in.
I dont know if you are already in 7th year or beyond on H1.
If you are then you may be in trouble. Still you can do PERM and I140 premium to get 3 year extensions..

The lawyer should have known that the job description can't be too restrictive.. My lawyer told me that when he filed mine.
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  #4 (permalink)  
Old 09-15-2006, 07:52 AM
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Default Appeal against denial to buy time

Very very sorry to hear about this. But, I think there is a way out. I think the following is possible (nor 100% sure) but check with your Lawyer:

If you are already in receipt of the denial, appeal against the decision and try to drag the appeal until you get your PERM approved. When your case is at Board of Alien Labor Certification Appeals (BALCA) you are allowed to extend your H1. Once you get your PERM approved drop the appeal. But, you will lose your PD if you opt for this. Good luck. And let us all know what you decide to do.




Quote:
Originally Posted by Saun
I received a letter two weeks ago from the Dallas Backlog elimination center saying that they have the intent to deny my labor certification which was done back in 2003 using RIR. I went to consult other lawyers(board certified) and basically they said that my lawyer totally messed up my application. The letter says the job description of the advertisement was too restrictive and the ETA form's description of the job did not match the advertisement. I have hired a new lawyer since. My new lawyer suggested we request a consent from the elimination center to readvertisement although the letter didn't say anything about that except providing evidence to show the requirements for the job arise from business necessity.

My question is does anyone every encounter this kinda problem and if so, what are the chances of getting approval to readvertise? My new lawyer told me he never came across a problem like this and if it's not approved, we will have to refile everything again and get a new priority date since I am already on the 7th year of my H1B visa. I have waited for three years for the labor certification and one can imagine how frustrating it has been since I got the letter from the elimination center.

Also, does any one have any suggestions what I could do to complain about my former lawyer?? Thanks for any help I can get. I am desperate.

Last edited by rb_248; 09-15-2006 at 07:57 AM.
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  #5 (permalink)  
Old 09-15-2006, 10:18 AM
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Default Try talking with the best immigration attorneys

I have seen 2 cases recently with intent to deny.
In one of those cases, the lawyer gave up saying that BEC will definitely reject the case. The beneficiary then contacted many attorneys - many of them didn't know how to approach the case!!!!! Finally he went to one of the best immigration attorneys in the country. The new attorney advised him want to do and lately he got his case approved.

So don't get disheartended. They might agree for readvertisement if properly requested. My opinion is to consult with the best attorneys in the field, rather that choosing some XYZ. This is very essential in your case.

Believe me, It makes a lot lot difference even if they charge huge amounts for each consultation. Experienced and knowledgeful attorneys know how to deal with diffficult situations, they analyse conditions based on older cases. Regular attorneys just do some paperwork which me or you can do, and their knowledge-based is too shallow.



Quote:
Originally Posted by Saun
I received a letter two weeks ago from the Dallas Backlog elimination center saying that they have the intent to deny my labor certification which was done back in 2003 using RIR. I went to consult other lawyers(board certified) and basically they said that my lawyer totally messed up my application. The letter says the job description of the advertisement was too restrictive and the ETA form's description of the job did not match the advertisement. I have hired a new lawyer since. My new lawyer suggested we request a consent from the elimination center to readvertisement although the letter didn't say anything about that except providing evidence to show the requirements for the job arise from business necessity.

My question is does anyone every encounter this kinda problem and if so, what are the chances of getting approval to readvertise? My new lawyer told me he never came across a problem like this and if it's not approved, we will have to refile everything again and get a new priority date since I am already on the 7th year of my H1B visa. I have waited for three years for the labor certification and one can imagine how frustrating it has been since I got the letter from the elimination center.

Also, does any one have any suggestions what I could do to complain about my former lawyer?? Thanks for any help I can get. I am desperate.

Last edited by dan19; 09-15-2006 at 10:22 AM.
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  #6 (permalink)  
Old 09-15-2006, 10:35 PM
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Default Who are the best lawyers in the US??

Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.

I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
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  #7 (permalink)  
Old 09-17-2006, 12:20 PM
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immilaw is on a distinguished road
Default

Quote:
Originally Posted by Saun
I received a letter two weeks ago from the Dallas Backlog elimination center saying that they have the intent to deny my labor certification which was done back in 2003 using RIR. I went to consult other lawyers(board certified) and basically they said that my lawyer totally messed up my application. The letter says the job description of the advertisement was too restrictive and the ETA form's description of the job did not match the advertisement. I have hired a new lawyer since. My new lawyer suggested we request a consent from the elimination center to readvertisement although the letter didn't say anything about that except providing evidence to show the requirements for the job arise from business necessity.

My question is does anyone every encounter this kinda problem and if so, what are the chances of getting approval to readvertise? My new lawyer told me he never came across a problem like this and if it's not approved, we will have to refile everything again and get a new priority date since I am already on the 7th year of my H1B visa. I have waited for three years for the labor certification and one can imagine how frustrating it has been since I got the letter from the elimination center.

Also, does any one have any suggestions what I could do to complain about my former lawyer?? Thanks for any help I can get. I am desperate.
Did your attorney specify why the DOL is classifying the requirements to be too restrictive?
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  #8 (permalink)  
Old 09-17-2006, 03:05 PM
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Default

Basically, the letter from the DBEC stated that the description of the job in the ad "is unduly restrictive because it does not appear in the Dictionary of Occupational Titles". My lawyer took it as it is and did not question the statement.

The letter also says "furthemore, this requirement does not appear on Form ETA 750, Part A, yet remains on the newspaper advertisement, as stated above".

Any insights to this problem would be very much appreciated.......
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  #9 (permalink)  
Old 09-17-2006, 06:49 PM
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Default

Quote:
Originally Posted by Saun
Basically, the letter from the DBEC stated that the description of the job in the ad "is unduly restrictive because it does not appear in the Dictionary of Occupational Titles". My lawyer took it as it is and did not question the statement.

The letter also says "furthemore, this requirement does not appear on Form ETA 750, Part A, yet remains on the newspaper advertisement, as stated above".

Any insights to this problem would be very much appreciated.......
Sorry to say but there might not be much that can be done at this stage. You might be able to argue with the DOL that the job requirements are normal to the employer (if all the other employees hired by the employed had the same qualification/experience) but I don't think there is any good answer to the issue that the requirement in the ETA and newspaper are different.

What is the requirement in the ETA and what was advertised in the newspaper? Specifically what is the job title, education requirement and number of years of expereince on the ETA and newspaper?
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  #10 (permalink)  
Old 09-17-2006, 08:49 PM
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Default

Thanks for your response.

The minimum requirement on the ETA form(item 13) is Bachelor of Music with 2 years of experience.

On Item 12(describe fully the job to be performed)- "teach music to students. Prepare outline of instructional program studies and assembles material to be presented. Instruct students using various teaching methods, such as lecture and demonstration, and uses audiovisual aids and other materials to supplement presentations. Evaluate student's progress, record result and issues reports."

The advertisements say:

Music teacher w/BS degree and 2 years teaching experience is piano and theory wanted in Houston, Tx. Must be qualified and trained in Suzuki method and familiar with Trinity College of London course. Teaching aged from 4 years through adult-beginning and advanced. Send resume to Houston Music Inst., Inc. 14511 Memorial, Houston, Tx 77079."

Basically, the problem Labor Department has with my LC application is the phrase "Must be qualified and trained in Suzuki method and familiar with Trinity College of London course. " in the ad due to it restrictive nature and the fact that it did not appear on the ETA 750. Also, in the beginning of the ad, it says "music teacher w/BS degree". Shouldn't it be Bachelor of Music??
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  #11 (permalink)  
Old 09-18-2006, 09:40 AM
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Default

Quote:
Originally Posted by Saun
Thanks for your response.

The minimum requirement on the ETA form(item 13) is Bachelor of Music with 2 years of experience.

On Item 12(describe fully the job to be performed)- "teach music to students. Prepare outline of instructional program studies and assembles material to be presented. Instruct students using various teaching methods, such as lecture and demonstration, and uses audiovisual aids and other materials to supplement presentations. Evaluate student's progress, record result and issues reports."

The advertisements say:

Music teacher w/BS degree and 2 years teaching experience is piano and theory wanted in Houston, Tx. Must be qualified and trained in Suzuki method and familiar with Trinity College of London course. Teaching aged from 4 years through adult-beginning and advanced. Send resume to Houston Music Inst., Inc. 14511 Memorial, Houston, Tx 77079."

Basically, the problem Labor Department has with my LC application is the phrase "Must be qualified and trained in Suzuki method and familiar with Trinity College of London course. " in the ad due to it restrictive nature and the fact that it did not appear on the ETA 750. Also, in the beginning of the ad, it says "music teacher w/BS degree". Shouldn't it be Bachelor of Music??
Yes, there are two problems. First of all the degree on the ETA is Bachelor of Music whereas on the ad is B.S. degree. I don't think this will be a huge problem. You can argue that Bachelor of Music and B.S. are the same degrees but the more serious problem is the requirement of Suzuki method and familiarity with the Trinity College of London course. If I am not wrong, the ad in the newspaper CAN BE less restrictive that the actual job duties so that more US workers can respond but in this case, the ad in the newspaper was more restrictive then the actual job duties resulting in dissuading the US workers from responding. So this would be a major problem. Also, depending on the type of petitioner, they can question whether Bachelor's is a genuine minimum requirements of the job.

You should contact a good immigration attorney and take his opinion. I don't want to dissuade you but it will be a tough road ahead so make sure you get a good advice.
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  #12 (permalink)  
Old 09-23-2006, 04:10 AM
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GCabdana is on a distinguished road
Default Any update Saun?

Unfortunately I also got the same letter "Intent to Deny" today and wondering if you find any good suggestion from an attorney?

My case:

Category: EB2
Education: Double Master (MCA and MS-Maths)
Experience at the time of filing: 4 years today (over 8 years)
Position: Sr. Software Engineer

Any help from anyone greatly appreciated!
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  #13 (permalink)  
Old 11-29-2006, 11:25 PM
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Default

Quote:
Originally Posted by dan19
I have seen 2 cases recently with intent to deny.
In one of those cases, the lawyer gave up saying that BEC will definitely reject the case. The beneficiary then contacted many attorneys - many of them didn't know how to approach the case!!!!! Finally he went to one of the best immigration attorneys in the country. The new attorney advised him want to do and lately he got his case approved.

So don't get disheartended. They might agree for readvertisement if properly requested. My opinion is to consult with the best attorneys in the field, rather that choosing some XYZ. This is very essential in your case.

Believe me, It makes a lot lot difference even if they charge huge amounts for each consultation. Experienced and knowledgeful attorneys know how to deal with diffficult situations, they analyse conditions based on older cases. Regular attorneys just do some paperwork which me or you can do, and their knowledge-based is too shallow.
Would you mind sharing the top immigration attorneys' contact information? I am unfortunately in the same boat!

Thanks!
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  #14 (permalink)  
Old 11-30-2006, 11:57 AM
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It is really strange, a friend of mine got a Letter of Intent to Deny for Dallas BEC, and in 1 month, he got the certified (approved) labor cert.
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  #15 (permalink)  
Old 11-30-2006, 07:32 PM
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MrWaitingGC is on a distinguished road
Default Catch hold of Sheela Murthy she seems to be good.

www.murthy.com
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