Audit (Experience Verification)

talktome

Registered Users (C)
Hello Gurus,

My case was filed in Atlanta Perm Center in Oct 2005. Today I recieved a call from my lawyer that my case has been sent to Audit. DOL wants to verify the experience mentioned in my application.

I do have letter to support my experience but I am not sure how long it will take before the labor is approved.

Details:

BS (equivalency 3yrs + 1 yr Diploma) + 7 yrs of exp.

My 6th year expires in Nov'2006.

Questions:

1. How long does it normally takes for audited cases to get approved?

2. Can I still file for 7th year extension if case is not approved 6 months before Nov'2006 on the basis of pending audited labor?

3. If audited at Labor, can the application still be audited/rejected at 140 stage?

Any comments or advice..

If anyone in similar position, please share his/her experience.
 
talktome said:
Hello Gurus,

My case was filed in Atlanta Perm Center in Oct 2005. Today I recieved a call from my lawyer that my case has been sent to Audit. DOL wants to verify the experience mentioned in my application.

I do have letter to support my experience but I am not sure how long it will take before the labor is approved.

Details:

BS (equivalency 3yrs + 1 yr Diploma) + 7 yrs of exp.

My 6th year expires in Nov'2006.

Questions:

1. How long does it normally takes for audited cases to get approved?
There is no limit for DOL to complete its audit. Could be few months to a long time.

2. Can I still file for 7th year extension if case is not approved 6 months before Nov'2006 on the basis of pending audited labor?
Of course since your PD is still Oct 2005. You can only file 7th year extension after Oct 2006 (exactly 1 year pending).

3. If audited at Labor, can the application still be audited/rejected at 140 stage?
Of course yes. At I-140 stage, the verification is much harder. If you request for EB2 case, and UCSIS does not see your BS is qualified, they could deny your application. (Especially if your LC does not cover for the case 3 year BS + 1 year Diploma :) Remember now USCIS has more understanding on EB2 case than before. Read immigration-law.com to get more information.

Any comments or advice..

If anyone in similar position, please share his/her experience.
 
talktome said:
Questions:

1. How long does it normally takes for audited cases to get approved?
It often is really fast - in my case like 2 weeks (see signature).

2. Can I still file for 7th year extension if case is not approved 6 months before Nov'2006 on the basis of pending audited labor?
Yes

3. If audited at Labor, can the application still be audited/rejected at 140 stage?
Of course. LC is with DOL and I-140 and I-485 are with USCIS. They are different agencies.
 
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