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Q. Labor Certification denial

지역New York 아이디m**me**** 공감0

조회786 작성일3/10/2010 6:39:41 PM

I got a letter of LC denial, today. And the reason for denial is below.

The Notice of Filing for the Application for Permanent Employment Certification was posted for fewer than 10 consecutive business days. Specifically, the employer indicated on the Notice of Filing posting dates of October 1, 2007 thru October 12, 2007. However, October 8, 2007 was a Federal holiday (Columbus Day) and non-business day. Therefore, the employer's Notice of Filing was only posted for 9 consecutive business days.

In this case, if I appeal this, would they re-consider my case or no hope, at all?
FYI, my company doesn't consider Columbus Day as a Holiday.
(I have a 2007 holiday list fm my company.)

And is this the obviously my lawyer's fault?
If so, what should I do to make things work.

Please advise....
Thank you!

B.Rgds

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전문가 답변글

우시영 님 답변 답변일 3/11/2010 5:20:45 AM

Under assumption that the Notice of Filing was actually placed during the 10 business days, and that the business was open on Columbus Day, your sponsor can appeal and prove that he/she (or the company) has always operated the business on Columbus Days.

Or if the business was closed on Columbus Day and the notice was actually placed for 10 business days, you can prove that the correct evidences existed at the time of filing and the dates were so mistakenly input.

Both of the above are not secure to win. However, the former is the stronger case.