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Perm RFE/DENIAL

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  • Perm RFE/DENIAL

    My company filed my PERM under EB2 in end of May 2007, since I have a Master's degree in CS.
    We got an RFE in Mid Sept stating "The employer's min requirements in the ETA Form 9089 exceed those normally required for the job opportunity as defined by O*Net. Basically, my company showed 5 years when the requirement was 4.
    We filed a response in Mid Nov. and received a denial in mid-late Aug. 2008 on frivolous grounds such as the company's name is missing from the ad. and that the company illegally rejected US citizens on the basis of lack of exp. in certain areas - which the company never mentioned to the rejected candidates in any correspondence.

    I am considering filing a motion with a reputed law firm instead of starting from scratch to retain my Priority Date.

    Please advise.

    Thanks..

  • #2
    Perm Rfe / Denial

    My company representative spoke to a lawyer with an eminent law firm that recently won a law suite against the INS for wrong PERM denials. He advised against filing an appeal since the company has an overwhelming percentage of H1-B employees.

    Any suggestions?
    Thanks.

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