Processing time for Audit (Business Necessity) cases

S

sPERM

Registered Users (C)
This thread is to track actual Audit (not the Audit Review status) the attorneys receive, for e.g. proof of Business Necessity.

My case was filed in Atlanta (Masters + 2years) on August 09. Received an Audit to respond for Business Necessity of Masters for Application Software Engineer on August 26. Responded to Audit on September 23. Haven't heard since then. Does anybody have similar case and gotten Certified or Denial? If so, would you guys reply on this thread mentioning all dates, so that we could track timeline on "Business Necessity" type of Audit? It will be easier for everybody to predict the processing time for this type of Audit because DOL does not give any timeframe, and also it will be easier to track Certified/Denied status for Audit cases. Thank you all.
 
Nobody received actual audit?

122 views and no response! Looks like I am the only one who has gone through the actual audit as I have mentioned in my previous thread. Hey guys - if you have been audited mainly for Business Necessity letter, please share your experience.
 
status?

sPERM: I am not in a good position to answer your question but I wish all the good to you. I am just wondering the sequence of a PERM case status. In your case, what is the status when your case is audited? Have you ever seen "In Process" before this status or after?

sPERM said:
This thread is to track actual Audit (not the Audit Review status) the attorneys receive, for e.g. proof of Business Necessity.

My case was filed in Atlanta (Masters + 2years) on August 09. Received an Audit to respond for Business Necessity of Masters for Application Software Engineer on August 26. Responded to Audit on September 23. Haven't heard since then. Does anybody have similar case and gotten Certified or Denial? If so, would you guys reply on this thread mentioning all dates, so that we could track timeline on "Business Necessity" type of Audit? It will be easier for everybody to predict the processing time for this type of Audit because DOL does not give any timeframe, and also it will be easier to track Certified/Denied status for Audit cases. Thank you all.
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segio_01
I appreciate your response on my thread. Wonder why you say you are not in good situation. You can share with us if you are also frustrated as I am. Regarding the case status indicator, it was 'In Process' before the DOL sent out the audit. My attorney says the status changed to 'Audit' before we responded to it. I did not see it, but interestingly they have now removed the status indicator 'Audit' and all the actual audit cases now fall under 'In Process'. I have access to the DOL Website now, and the status says 'In Process'. So, I have no idea whether the status changed to 'In Status' because the DOL received our response or just because they do not have the status indicator 'Audit' anymore.
 
sPERM: Sorry about the confusion. What I meant is that my attorney just filed my case a couple weeks ago. The current status is in process. We have not received any audit letter yet, so I don't have the experience to help you. Don't worry too much. Being audited is not the end of the world because in most situations it can be defended in a reasonable way. Do you happen do know why your case is audited?

sPERM said:
segio_01
I appreciate your response on my thread. Wonder why you say you are not in good situation. You can share with us if you are also frustrated as I am. Regarding the case status indicator, it was 'In Process' before the DOL sent out the audit. My attorney says the status changed to 'Audit' before we responded to it. I did not see it, but interestingly they have now removed the status indicator 'Audit' and all the actual audit cases now fall under 'In Process'. I have access to the DOL Website now, and the status says 'In Process'. So, I have no idea whether the status changed to 'In Status' because the DOL received our response or just because they do not have the status indicator 'Audit' anymore.
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my case was filed on june/21 - went to "audit review" - got the standard audit letter. - replied back the audit on July/22. -- went into in-process with a rerun from DOL as other cases (forgot the exact date of this rerun now).

still in in-process.... lost hope and wanted to quit the current company, pursueing for labor sub through another company.

My guess is that it would take anywhere between 2-4 months once you reply the audit.


hope that helps !


- rucshaca
 
Responded to Audit

sPERM,

I got an audit letter in october.They asked for all the docs.
My employer sent a response in November First Week.
Do you know how long they take to process the case, that is in audit, after submitting the audit response
 
kk621,

My attorney sent an audit response on September 23, and as of today the case shows "In Process". DOL does not give any time frame to adjudicate on the audit cases. As soon as my case is adjudicated, I will post in this thread. Please make sure you do the same. Good luck!


kk621 said:
sPERM,

I got an audit letter in october.They asked for all the docs.
My employer sent a response in November First Week.
Do you know how long they take to process the case, that is in audit, after submitting the audit response
Click to expand...
 
your cool user name makes me symphatize

sPERM said:
122 views and no response! Looks like I am the only one who has gone through the actual audit as I have mentioned in my previous thread. Hey guys - if you have been audited mainly for Business Necessity letter, please share your experience.
Click to expand...

:) :) first, got to admit that you have cool name.
second, i am in similar situation with you.
applied early june, audit august. no news since then....
may be a phd working for small company is difficult to get lc.
keep us informed with your application status.
:cool:
 
My case was filed on July 18. Received Audit letter on December 9th (about 6 months later).... am working on the justification letter. Can any one of you share
the format/resoning/contants of your "business necessity" justification latter to help me out.
 
guys, I'd love to help if I could. I have never seen the actual audit response letter, so I cannot tell you anything regarding formatting and content. All I know lawyer wrote it (adapted to my case) and had HR review it.



lambda said:
My case was filed on July 18. Received Audit letter on December 9th (about 6 months later).... am working on the justification letter. Can any one of you share
the format/resoning/contants of your "business necessity" justification latter to help me out.
Click to expand...
 
same here

Mine was applied on June and got audit letter and submited on July. Have not heard anything after that. Talked to the attorney and she said she sent an e-mail to Chicago.

My attorney said on my application is says "Pending" is this normal? shouldn't it say "in progress" or something else.
 
Last edited by a moderator:
Call the officer...

kenosha said:
Mine was applied on June and got audit letter and submited on July. Have not heard anything after that. Talked to the attorney and she said she sent an e-mail to Chicago.

My attorney said on my application is says "Pending" is this normal? shouldn't it say "in progress" or something else.
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Chicago sucks...your attorney might be true... there is no consistency in handling cases in Chicago. But the status must say "In Process", if it is still pending.

You can find out the officer's name, who is handling your case, from the audit letter and ask the phone attendant to transfer your call to that officer and check the status.

One of our audit case was pending for morethan 2 months after DOL receive our response.. we called the officer and he approved the same day.
 
Audit for Refiling with old LC amended

Has anybody got Audit for refiling or conversion in PERM by amending the job requirement/ minimum requirment in the old BEC application.

Please post if you have refiled after amending the old BEC application and how long to wait for refiling after requesting amendment at BEC or can the PERM be refiled while attaching documentation of amendments without waiting for confirmation from BEC on amendment.
 
I have almost exactly same case. My PERM submitted in Aug. 2005 is in AUDIT also. The worst is I and my lawyer can't find any way to track my case.
I just talked to my lawyer this morning, he said it looks like it will take forever for audited case. Does anyone get response (approval or deny) from DOL?

I find a way, but don't know if it works. There is a AILA - DOL liasion committee which has regular meeting. Can we ask our lawyer to present our audit case to AILA, so the liasion committee can report this belated case to DOL?
Welcome comments!





sPERM said:
This thread is to track actual Audit (not the Audit Review status) the attorneys receive, for e.g. proof of Business Necessity.

My case was filed in Atlanta (Masters + 2years) on August 09. Received an Audit to respond for Business Necessity of Masters for Application Software Engineer on August 26. Responded to Audit on September 23. Haven't heard since then. Does anybody have similar case and gotten Certified or Denial? If so, would you guys reply on this thread mentioning all dates, so that we could track timeline on "Business Necessity" type of Audit? It will be easier for everybody to predict the processing time for this type of Audit because DOL does not give any timeframe, and also it will be easier to track Certified/Denied status for Audit cases. Thank you all.
Click to expand...
 
No, I don't.
In my PERM audit case. DOL required all recruitment information like every applicant's resume and explanation for why company just hired me.



bectoperm said:
Has anybody got Audit for refiling or conversion in PERM by amending the job requirement/ minimum requirment in the old BEC application.

Please post if you have refiled after amending the old BEC application and how long to wait for refiling after requesting amendment at BEC or can the PERM be refiled while attaching documentation of amendments without waiting for confirmation from BEC on amendment.
Click to expand...
 
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