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PERM Denied - Appeal tracker - Post here

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Posted by merakyahoga (100) 05 Nov 2009#1
Hi There

My PD date - 8th November 2007
Category - EB2
Audit - Yes - December 2007 - Replied in Jan 2008
Status - Denied
Denied date - November 5th 2009

After waiting for almost 2 yrs, Today I came to know that its been denied. I don't know the reason yet - will come to know in few days. I know there are 2 kinds of appeal to be made after PERM denials
1. Standard Appeals - Some information missing from the emploter / Attorney
2. Government appeals - Some error on the part of the DOL.

Please post your appeal status here. I am planning to appeal based on the reason for denial.
I also want to find out whats the approval percentage of PERM getting approved after appeals.
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Posted by FlyCD (68) 05 Nov 2009#2
to merakyahoga:

My PERM was denied in May09 and the lawyer said that it is clearly the DOL mistake not to review all recruitment efforts date and just indicated the SWA job oder date and deny my case. When I was speaking with another lawyer over the phone she said that even the government error appeal cases take 1 year or so to appeal. I am not sure what I am going to do.
Any advice???
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Posted by Permlabor2007 (3) 07 Nov 2009#3
My PERM was applied in Nov 2007 (audited), EB2 and it was denied last week of Oct 2009. The reason for denial is that the employer failed to provide dated copies of the web pages from the career-builder website that advertised the job opportunity. But the employer provided the affidavit from the Newspaper organization which posted the job on career-builder stating that the job was posted on career-builder for 30 consecutive days and the description of job.

We had provided copies of two consecutive Sunday editions job posting (city edition), 3 consecutive days job posting in local newspaper, 30 consecutive days web pages on company’s website, 30 consecutive days web pages from American Job Bank web pages and also job posting in the company bulletin board for 15 days.

If the DOL is specifically asking for the job posting web pages from career-builder website and they are not satifisfied with the affidavit from the Newspaper organization which had posted the job on career-builder is there a way we can appeal the case and get positive result. Does anybody know how we can retrieve the web pages from 7/15/07 to 8/15/07 from career-builder website. I called career-builder and the new organization which had posted the job on career-builder and they cannot retrieve the web pages. Does anybody faced similar situation and was able to provide other evidence to DOL.

Your help is most appreciated. If we have to appeal we will have to do within next two week because of holidays. Please help…

Thank you,
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Posted by sreenu26 (3) 10 Nov 2009#4
Even my PERM was denied in Oct 09 which was filied in Oct'07. My laywer sent out the appeal. The reason is about Job Ad, PWD. What are the chances of getting approval for an appeal ?
Here I have a question, Can I file another PERM through teh same employer with a different job category? What are the chances of getting it?
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Posted by Permlabor2007 (3) 11 Nov 2009#5
Hi Sreenu26,
What arguments did your lawyer make for the appeal and when you can expect the reply from DOL for your appeal. What do you mean by job Ad PWD.

You can apply for another PERM with the same employer either after you get the response for your appeal or if you withdraw the appeal. You cannot apply for another PERM when your appeal is pending. I don't if you can apply with another job category.

Thank you.
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Posted by sreenu26 (3) 12 Nov 2009#6
to Permlabor2007:

I guess we can expect reply anytime between 1 to 2 years, but on the DOL site the processing times display as Aug 2007 for appeals. I dont know is that priority date or the appeal filling date?
the reasons are for deatils of Job advertisement and wage difference.
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Posted by FlyCD (68) 12 Nov 2009#7
to sreenu26:

My Lawyer said that even the Government Error appeals take 1+ year these days. And I still wonder how can I get the information about whether may case is hanging in the Government error queue or Standard Appeals queue?
Also I feel sorry for 2007 cases. It seems like the DOL keeps denying them...
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Posted by wimax (74) 12 Nov 2009#8
to FlyCD:

Hi

Today my PERM application was denied, I am not going for the appeal option. Can someone let me know if we can apply for new PERM application from the same employer with the same job title and responsibilties
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Posted by wimax (74) 13 Nov 2009#9
to sreenu26:

Sreenu26,

Can you provide me your contact info on wimax227@gmail.com, so that we can discuss what are the next steps after the denial and what are the precautions we have to take moving forward.
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Posted by wimax (74) 13 Nov 2009#10
to FlyCD:

FLYCD,

Can you provide me your contact info on wimax227@gmail.com, so that we can discuss what are the next steps after the denial and what are the precautions we have to take moving forward.
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Posted by wimax (74) 13 Nov 2009#11
to Permlabor2007:

Hi

Can you provide me your contact info on wimax227@gmail.com, so that we can discuss what are the next steps after the denial and what are the precautions we have to take moving forward.
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Posted by wini (1) 30 Jan 2010#12
to merakyahoga:

Hi,

My PD Date - 3rd December 2007
Category - EB2
Audit - Yes - January 2008 - Replied February 2008
Status - Denied
Denied Date - December 14th 2009

Yes, after waiting for 2 years with clear records, my case got denied. 3 Denial reasons, 1# PWD issue - I was Master's category and lawyers said, primary requirement BE +5 and Master's as secondary (in the add), reason # 2 and 3 is because - Lawyer put 9 people on same add so the officer got confused..

My friend was on the same add with same qualitifcations as I have and was denied too (BTW friend works for DOL.. what an Irony)...Lawyer filed appeal for me but I don't think its going to work because I was not convienced with the argument he stated in the apeal itself.

Leason Taught:
1. NEVER go for LAWYER who is cheap and less experienced.
2. Always apply for second GC as soon as your Perm gets audited - (if you have money, just in case)
3. Always have your own add, prepare your add and give it to the lawyer and make sure the lawyer does not put anyone else on it and charge you and all others the same amount.

Present Situation:
Now I am looking for starting second GC with same employeer (as I have only 1.5 years left on my final 6 years of H1B and there is no other employeer who is ready to start my GC) but this time with a good, experienced and reputed lawyer. Hopefully something should work, or else I am preparing myself to go back (mentally atleast).

Qt.:
I was on bench for 9 months last year, my employeer did not run my payroll well. My W2 shows 22K instead of 53K, any problems (I am sure, they are) but wanted to know when and how can it get fixed. (P.S. - My stars are really in scewred state right now :(

Any help on the question appreciated.. Thanks
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Posted by permaudit2010 (27) 18 Feb 2010#13
to Permlabor2007:

Hi

Here is my situation

Perm Applied - january 2008
Got audit - March 2009
Perm Denied - Feburary 12 2010

The reason for denial is that they want the web pages from career-builder.
Does any one got the approval with the affidavit from carrer builder.
My lawyer is trying to get the affidavit from carrer builder.Does the affidavit works ?
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Posted by hellobuddy (55) 19 Feb 2010#14
Here is my case:
Applied - Dec 2007
Audited - Jan 2008
Denied - Dec 2009
Appealed - Jan 2010

My H1, 6 years limit is expiring in June 2010. To get 7 year extension my PERM status should show pending or processing but even after 7 weeks of appeal, it is still showing as denied in DOL website. Since there is not much time my attorney has gone ahead applied for H1 extension hoping that by the time my H1B is processed, my PERM status changes to pending or processing.

Do anyone has this situation? Any thoughts?
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Posted by FlyCD (68) 19 Feb 2010#15
to hellobuddy:

My status changed to pending 2 months after the MTR date. wait for couple of weeks.
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Posted by rajraj (86) 19 Feb 2010#16
to FlyCD:

FlyCD

Can you tell me what your attorney/employer indicated as the processing time for Motion to Reconsider? Its my understanding that MTR cases take lesser time than appeals. Appreciate your insight.
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Posted by permaudit2010 (27) 19 Feb 2010#17
to rajraj:

Hi FlyCD

Did you do a appeal for your labour denied.Looks like i have the same history as urs
i just got my labour denied two days back and i am applying for appeal and they have
asked for the carrer builder advt. screen shots . Any suggestion from you.
What is motion to Reconsider ?
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Posted by alien77 (14) 23 Feb 2010#18
to permaudit2010:

I got my denial today.... after almost 2 years waiting on audit response.
Reason : online advertisement didn't list Company name.
Does anyone think is work to appeal in a situation like this one?
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Posted by permaudit2010 (27) 24 Feb 2010#19
to alien77:

If you have submitted online advt. when you applied for PERM and that does not have the company name,
then in the appeal how are you going to prove that you had company name in the online advt.
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Posted by FlyCD (68) 24 Feb 2010#20
to rajraj:

It has been 9 months already and my attorney keeps telling me to wait..wait..and wait..Last time when I spoke with him over the phone he said that it can take up to a year to receive information from DOL. I will speak with him Friday again...
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Posted by permaudit2010 (27) 24 Feb 2010#21
to FlyCD:

Hi FlyCD

When did you applied for PERM -appeal ?
Go to the web site http://icert.doleta.gov/ and there you
can track when would you get a result for your appeal .
Right now they are processing the appeals for the priority
date of september 2007.

If you want more information on what my lawyer has said about my appeal case then
you can email me at kayumhabib@hotmail.com
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Posted by CBE123 (3) 25 Feb 2010#22
to permaudit2010:

Incase the primary ad is not available DOL suggests to provide any supporting info:

Check this faq Question 4 (Can the employer submit alternative evidence in the absence of primary evidence in response to an audit request?)
might be relevant :

http://www.foreignlaborcert.doleta.gov/faqsansw...

Keep sharing your thoughts.
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Posted by alien77 (14) 25 Feb 2010#23
to permaudit2010:

I don't know. I am trying to figure out if anyone has been in similar situation and if it was successful.
I don't know if its worth to appeal. Attorney said he is planning on filing a Motion to reconsider, but i think he is trying to find arguments...since he messed up.
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Posted by permaudit2010 (27) 25 Feb 2010#24
to alien77:

I dont think that there is something like "Motion to Reconsider". You only have the option to appeal.
Also if your lawyer did not mention the company name in the online advt. then its advisable to apply for new
perm instead of appealing as you dont have any argument to prove your recuritment process correct.
Also change your lawyer as its dangerous to go ahead with such lawyer who does not know how to give
the advt.
I am also trying to find if someone has a success after the appeal. Did not find a case till yet
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Posted by Sid05 (4) 27 Feb 2010#25
Hello

Priority Date: Dec 17, 07
Audit: Yes, replied Feb 08.
Perm Denied: Jan, 2010.
Lawyer filed a Govt error appeal & sent a copy of appeal to BALCA in 3rd week of Jan, 2010.

Currently on 8th year H1b, expires in Jan 2011. Would it be possible for me to change employers given this mess? I am employed by A, working for client C on a consulting role. C wants to hire me full time, sponsor H1 & GC.

Any suggestions?

Kindly advise.
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