Discuss koningingpoco's PERM USCIS Case

Seriously... counting the hours... how frustrating!!! :O(

Seriously... counting the hours... how frustrating!!! :O(

Seriously... counting the hours... how frustrating!!! :O(

Sorry to hear this result.
I'm sure this is a screw up by the lawyers part.
Offered wage is what is not supposed to lower than the prevailing wage. You got the denial reason other way around. Can you check the details..? Well, there were many confusions around these wages for several people in this forum before.
Unless your lawyer thinks they have a strong case to appeal, you better start a fresh labor.

Hello visagcinfo, thanks for your comments. Here is a straight quote from the denial letter: "Denial Reason: The notice of filing submitted by the employer contains a wage of ___ per year which is lower than the offered wage of ___ per year listed in item G of the ETA Form 9089." You are probably right, the lawyer screwed up but in my case the offered wage was filed higher than the prevailing wage. Go figure... at this point I think any excuse is a good excuse to deny our cases and protect the US unemployment rate.

notice of filing submitted by the employer contains a wage of ___ per year: what/where exactly is this?

Notice of filing is the advertisement the company does internally or in its website.
So, the denial says that the company ad has a lower wage than the one in the Labor ETA 9089.
Bottom line, the lawyer screwed up for not checking this and the company for posting an ad with a lower wage than the PW.

Hi miltonbr, thank you for your input. So the impression I get is that appealing then will be just a waste of my time right? Should I just refile (with the wage issue fixed) as a new case and start all over again instead of appealing? Does anyone know if when refiling the same case
(as a new case) the chances of auditing are any lower? Any inputs / feedback is greatly appreciated.

Acho que é mais fácil um novo PERM, mas não sou advogado e creio que vc deva seguir a orientação dele.

Não creio que a chance de audit seja maior e além do mais os processos estão ficando cada vez mais rápidos, portanto vc pode ter uma resposta em alguns poucos meses ao invés de esperar um appeal que pode ou não ser bem sucedido.

Thank you again Milton, very much so appreciated.

It took them TWO YEARS to find that two numbers on your forms are different? How ridiculous is that?

Yes, 2 very long years, wasted.

I have decided to file a new perm... going back to the beginning of the line, all over again, hopefully for a positive result this time.

Ok, here a possible light at the end of the tunnel for me... any inputs...?

My boyfriend has a PD of early March 2008 so we are counting on hearing about the outcome for his case soon. Assuming best case scenario, his lawyer told him that if he gets approved AND we marry AFTER his perm is approved AND BEFORE he files the I-140 & I-485, I can get my green card through him.

Is that accurate?

Milton, voce parece ter bastante conhecimento neste assunto, voce sabe algo sobre esta situacao descrita acima?

Any inputs are extremely appreciated.

Thanks

Yes, that is correct. The spouse only joins the primary applicant during the AOS (I-485) part, until then it is just about the sponsor (the company) and the primary beneficiary (your boyfriend).
If you do not join him during the 485 piece, he may request a GC for you after he gets his GC, but this may take forever literally.
I have a friend of mine who did abdicate his GC to marry and then start the GC process over, so his wife could join him.

Thank you once again Milton, I appreciate you sharing your knowledge with me. I will update here any new developments in my case.

Thanks again.

I’m also from Brazil. Could you share your experience with me? My employer is willing to help me in GC process, but we are not sure how to “sketch/design” the job description for EB2. I have BS + 5 years of experience (actually more than 15 years), but I do not have master degree.

I heard that the job description must say Master's degree or equivalent (Bachelor's + 5 years). Is it correct?

koningingpoco, I hope you can get your CG with your future husband. You should OK.
Thanks in advance for your help,
[email protected]

You need a good lawyer to start.
"Sketched"/"Tailored" job description will only delay the process and may frustrate the Labor Certification approval.
On my job description, Masters was not a requirement, only BS + 5 and got approved with golden star.

A good lawyer will be able to guide your employer through this process.

Hello engineer33, Milton is right, you need a good lawyer. However, here is where it gets tricky, it is not too easy for you to tell if the lawyer is a good one until your case gets denied and the denial reason is his screw up - as it happened to me. My company and I have decided to appeal & file a new case for me. We have also decided to change lawyers. For the lawyer I am going to use going forward I got a recommendation from a friend which had great references about the lawyer.
Milton is also right about the "tailored" job description. My current lawyer said that my previous case was too personalized to fit my profile and it is probably part of the reason why the red flag was raised and they decided to put my case through audit.
I wish I could be more helpful but there are SO many details and the more I read and get to talk to people about this subject the more I realize you are held hostage to your lawyer eagerness and knowledge as you can't possibly know all the details yourself.
Milton, update for you, my boyfriend got his LC veredict today: DENIED :O( We don't know the reason as of yet but his lawyers said they will appeal.
We'll see.
Tough year for us so far...

Oh and one more comment: no master degree for me either, I have BS + 5 years of experience as well.

koningingpoco,
Sorry to hear about the denial.

This is what the lawyer said before we started the GC process:
Anything out of the ordinary raises a business necessity audit. Anything too tailored raises the audit for the same reason. Language requirement also raises an audit. Any extra months of experience also can trigger an audit. And so on ... She said that the bottom line is ... we write a description of your job, advertise and receive the resumes, if there are too many qualified US citizen applicants we stop the process. If there are just a few we will interview each one and skim out the ones that are not 100% inside the requirements (that was my case). They receive at least 2 dozen of resumes where only 3 were minimum qualified, and from those 1 was not US Citizen.

My lawyer read my qualifications on my resume and asked me to write what I would think would be the description of my job. After I did that he asked my employer to review, and as he did not change anything on it, the lawyer made a critique and changed the description. Right off the bat, he dropped the Masters requirement (MBA from top school in US), also he dropped the required certifications to just two related to my current position. He did move the language requirement from a requirement to something nice to have.
As a result of the lawyer expertise, I got the GC in less than a year, with no audits/RFEs or anything else. Unfortunately I can not recommend her, as she is company's employee.

Hope my experience helps in yours processes.

Another quick note is that I tried to read and understand everything about this process and every time I was got by surprise on one or another detail. I know that this is a very important matter, but that is why we need good lawyers, the most you'll learn will never get near on what a good lawyer know.

miltonbr, koningingpoco,
Sorry for the delay ... I was away because I was very frustrated. I figured out that my CG process will fail at I-140 because my sponsor does not has profit this year and it will not be able to prove the ability to pay the salary. ...too bad!


But I decided to work hard to prepare my process for the next year. I very glad to know that BS+5 year will be OK for EB2 at my job requirement and PERM. Thank you.

I have been reading everything at internet about this CG process for 2 years. Finally I found this book: LABOR CERTIFICATION HANDBOOK by Austin T. Fragomen….
It is very good book used at law schools. It has all details for labor certification.

I decided to prepare the process with my sponsor because my sponsor can not afford to pay a lawyer.

I have another question
Do you know if your job title was at Job Zone 5? You can check the here: http://online.onetcenter.org/find/zone?z=5&g=Go
In my case my sponsor is asking for the job requirements for an Engineer Manager (code 11-9041.00) at Job Zone 5.

Kominingingpoco do not give up.

Thank you for your valuable advices! I really appreciate!
Muito Obrigado.

Hi engineer33, I have no idea what Job Zone my case was filed under but the job occupation from the O*Net Online website was 11-9199.04 - Supply Chain Managers. Good luck to you!

Hi miltonbr... good news! My company filed a new case for me on 6/30 and last Friday 9/24 I got an email with the approval notice! How great is that?! It went so fast, less than 3 months, it didn't even go into audit!

Next pass I140 right? I heard I could file the I140 and I485 at the same time however my boyfriend's lawyer advised us to file I140 first and separately until we decide if we are going to marry or not since his case has not been approved as of yet. He said as long as we marry before I485 he can get his greencard through my case. Do you have any input on that? Does it take longer for me to file them separately? Is there still room for me to get denied on either filings? Just wanted to hear your view on this matter since every word you have written on my case has been spot on!

Thank you in advance.

That is wonderful. Parabens.
so, PERM processing time for non-audited cases is like 3 months now?

I think the reason why the lawyer advising you to apply separately for I-140 is to get you & your boyfriend more time to decide on getting married and to have you guys go your own merry way with own I-140s in case if you guys decide not to marry.

Great news !!!

What I know about the process is little compared to a good lawyer.
If yor case was filed as EB-2, the yes you can file concurrently.
The only chance to your boyfriend to get a green card thru your process is really if you both are married or after you get cittizenship you apply for a family based GC on his behalf. The big question here is ... are u prepared to marry now or in the next six months? If not, it is a BS to keep waiting and not apply concurrent, that may give you a GC in the next 3 or 4 months. What does your boyfriend think? How is his process going?
The I-140 and I-485 phases are phases whefre little to no problem. For the I-485 is expected that you've ever respected the laws here, not being out of status for over six months after last lawful admitance in the country and/or unauthorized work. I-140 will deal with your qualifications and match against to what is in the labor that is approved, so there you must expect no problems if everything is accurate and match your credentials.

Talk to your boyfriend and see what he thinks, then take an educated decision.

Thank you visagcinfo and miltonbr!

Not sure what happened to my case, visagcinfo, and if that is the current general rule but yes it did take less than 3 months for it to get approved without audit.

I will talk to my boyfriend and see where we land, miltonbr, you know, after 8 years together it might be time... :O) Thank you for all the support!

Good luck to all of us, Brasileiros!

Hi miltonbr and visagcinfo, OK, last and final update on my 2nd case:

JAN - married!
FEB - filed I-140
MAR - filed I-485
APR - fingerprints done
MAY - GREEN CARD RECEIVED!!!

Thank God this is over and Thank you very much for all the virtual support and advice.

All the best,

koniningpoco