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I have filed the labor in Aug 07 in EB3 category.
I kept on buzzing my employer for status for like months together and at one point of time - my employer got vexed and told clearly that I was going to get informed once he get notice from DOL.
Then I asked my employer again on Apr 09 about my labor status. He was surprised to see that my labor got Denied. He recommended to have the appeal filed for it and I am attaching his E-mail.
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I asked DOL to re-send the denial notice. We received it yesterday. John looked it over and wrote the following:
"I recommend that an appeal be filed. The first issue to be addressed is the timeliness of the appeal. We need to argue that we received the denial on May 27. We would attach as evidence:
A) The May 21 e-mail exchange, and
B) The date-stamped denial notice
Next, we would have to address the reasons for the denial:
A) First Denial Reason. Our argument would be very straightforward: We did submit the PWD. We would attach the PWD as evidence.
B) Second Denial Reason. We would attach a copy of the print advertisements.
C) Third Denial Reason: We would submit page 5 of the ETA Form 9089 and highlight d(22) to show that we did NOT do radio and TV ads.
D) Fourth and Fifth Denial Reasons: We would submit the Notice of Filing and highlight the name of the employer and the job location.
On both the envelope and the cover letter to our appeal, we want to add in bold letters "DOL ERROR - PLEASE REVIEW BEFORE SENDING TO KISHORE".
One of three things will happen:
1) DOL will accept our appeal and approve the application.
2) DOL will accept our appeal and send the file to KISHORE. In that case the automated system should show "Appeal Pending". We could then file for a 7th H-1B year.
3) DOL will reject the appeal. In that case DOL will issue us a rejection notice. Then we know that a new PERM application is the only recourse.
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Then I got the letter from the DOL saying:
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Your request for administrative review cannot be processed. As specified in 20 CFR 656.26, the Department of Labor has determined it cannot be proceed with administrative review for the following reason(s):
The request was not made within 30 days of the original denial or revocation of certification.
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Based on the letter, I had to fire on my employer and he said the following
--
We were not informed by DOL that your labor was initially denied. That notice was not received at our office.
This is not the only time that we have seen "missing" notices from DOL. This has happened with both labor denials and labor approvals with a few other employees also.
So beware of DOL. Ask your employer to keep bugging them.
Don't just ask your employer. Keep bugging him on and on.
I kept on buzzing my employer for status for like months together and at one point of time - my employer got vexed and told clearly that I was going to get informed once he get notice from DOL.
Then I asked my employer again on Apr 09 about my labor status. He was surprised to see that my labor got Denied. He recommended to have the appeal filed for it and I am attaching his E-mail.
-----
I asked DOL to re-send the denial notice. We received it yesterday. John looked it over and wrote the following:
"I recommend that an appeal be filed. The first issue to be addressed is the timeliness of the appeal. We need to argue that we received the denial on May 27. We would attach as evidence:
A) The May 21 e-mail exchange, and
B) The date-stamped denial notice
Next, we would have to address the reasons for the denial:
A) First Denial Reason. Our argument would be very straightforward: We did submit the PWD. We would attach the PWD as evidence.
B) Second Denial Reason. We would attach a copy of the print advertisements.
C) Third Denial Reason: We would submit page 5 of the ETA Form 9089 and highlight d(22) to show that we did NOT do radio and TV ads.
D) Fourth and Fifth Denial Reasons: We would submit the Notice of Filing and highlight the name of the employer and the job location.
On both the envelope and the cover letter to our appeal, we want to add in bold letters "DOL ERROR - PLEASE REVIEW BEFORE SENDING TO KISHORE".
One of three things will happen:
1) DOL will accept our appeal and approve the application.
2) DOL will accept our appeal and send the file to KISHORE. In that case the automated system should show "Appeal Pending". We could then file for a 7th H-1B year.
3) DOL will reject the appeal. In that case DOL will issue us a rejection notice. Then we know that a new PERM application is the only recourse.
-----
Then I got the letter from the DOL saying:
--
Your request for administrative review cannot be processed. As specified in 20 CFR 656.26, the Department of Labor has determined it cannot be proceed with administrative review for the following reason(s):
The request was not made within 30 days of the original denial or revocation of certification.
---
Based on the letter, I had to fire on my employer and he said the following
--
We were not informed by DOL that your labor was initially denied. That notice was not received at our office.
This is not the only time that we have seen "missing" notices from DOL. This has happened with both labor denials and labor approvals with a few other employees also.
So beware of DOL. Ask your employer to keep bugging them.
Don't just ask your employer. Keep bugging him on and on.
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