PWD and wage rebuttal


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My company applied for PWD during September 2011 and I received it in December 2011. However, the wage came out to be too high and my company could not agree to the high wage so they had to file a wage "rebuttal" in December. Could any of the attorneys please explain what the implications are and how long will it now take to file the PERM application given the current scenario? My 6th year of H-1 is expiring in September 2012 and time is running out so any response is highly appreciated.

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I am exactly in the same shoes and have gone through this and the sad news is USCIS is not reducing the wages though you challenge them, atleast in my case they didn't. Now my company is trying to do a EB3 reducing the description. At least you can ask them to file a PWD under EB3 in parellel so you won't waste time like me .

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Thanks for your response. Did your company file for a position requiring MS degree or Bachelors with five or more years of experience? How long did it take for the wage rebuttal response? The reason I am asking this is because they filed for a manager position with MS degree as a requirement. However they are not willing to file application in parallel and change the job description at this stage due to cost involved.

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  • 4 months later...


I'm in similar case, My PW filed in 08/11 and it was approved and my job posting and recruitment started in Dec and now attorney says that, since my employer is consulting company, they want to mention that the requirement may need to travel for different client places and also my employer missed to do the employee referral with bonus. so due to these reason, attorney has filed Rebuttal case to DOL. what does this means and how long will this Rebuttal case will take to approve?



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