akarun Posted February 5, 2013 Report Posted February 5, 2013 PERM was denied, reason for denial given is employer is tailoring the job to suit the foreign national. Two applications were filed for two aliens for same job with different alternate acceptable jobs/experience. (One of the alternate jobs acceptable was different among many listed in section H 10-B of ETA form 9089). A request for reconsideration is being filed explaining the fact the the basic alternate acceaptable jobs are same,a dn they called differently by differtn employers (it was a mistake while preparing the paperwork this time, it was overlloked) What’s the best way to handle this? How long does it take provided the officer reverses his decision? What are the chances that the officer will reverse his decision? What is the time line if the case ends up going to BALCA?
Attorney_11 Posted February 6, 2013 Report Posted February 6, 2013 Currently, the iCERTonline system reflects that Requests for Reconsideration filed as of January 7, 2013 are being considered.The Reconsideration Request to the CO dates posted on iCERT reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed. For various reasons, DOL may be completing the processing of applications filed prior to the month posted on iCERT. If the application was filed more than 3 months prior to the month posted, one may contact DOL's Helpdesk for a status on the application. BALCA appeals can take one to two years. There is no reliable way to consider the merits of a RFR without engaging in a personalized legal immigration consultation.
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