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 MurthyDotCom » MurthyForum » RFE & Audits » Labour Audit/RFE denied

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AuthorTopic:   Labour Audit/RFE denied
sachin_p23
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted October 18, 2009 02:54 PM Click Here to See the Profile for sachin_p23Click Here to Email sachin_p23   Reply With QuoteEdit or Delete Message
Hi,
My labour for Greencard was recently denied after an audit(RFE).
Reason for denial was Job description did not match to the one I advertisement.
I have option to file motion for appeal.
I have following questions .
1) Can I file an appeal/motion and file case for new labour at the same time ?
I mean will my motion for appeal affect my new labour /or new labour affect my motion for appeal it affect . Can I pursue both simultaneously.
2) My designation is “Senior Database Production Support Engineer “ will this desigatio qualify under EB2. I have 7 years of experience as DBA.
Any responses to this would be of great help.

Thanks
Sachin
Posts: 3 | Registered: October 18, 2009
chathu
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted October 24, 2009 07:40 AM Click Here to See the Profile for chathu   Reply With QuoteEdit or Delete Message
EB2 does not come from your exp. It comes from the job description.

For example, one with Phd is working in a job which needed one year exp with batchelor will qualify for Eb3...and not for eb2 ...

I do not see any vaild reason for applying for appeal, as if the ad and the job description are different, then I do not understand what is the appeal based on?
Posts: 130 | Registered: March 14, 2007
Murthy Law Firm Attorney 5
Attorney		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted October 25, 2009 03:21 PM Click Here to See the Profile for Murthy Law Firm Attorney 5   Reply With QuoteEdit or Delete Message
You may want to consult an experienced immigration attorney

Generally speaking, the likelihood of success for any appeal of a DOL denial of a PERM application is fact and case-specific. If your employer is willing to file the appeal (you as the employee cannot file the appeal), you may want to consult an experienced immigration attorney to analyze the DOL's decision, your chances for success and your options at this point.
Posts: 716 | Registered: November 27, 2007

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