Emergency!!!! Case of Audit for LC EB2.

U

ucadi1

Registered Users (C)
Dear All,

I am stuck in a very peculiar situation and I need advice before I take a decision for good or bad. My husband had filed in LC in Eb-3 last year and got an approved I-140 too. But for some reason, we felt our lawyer persuaded us to apply in the EB-3 category instead of EB-2 even though my husband has credentials. He has an MS from USA but the lawyer kept persuading us to believe that the safest route is EB-3.

After all this Drama. After pocketing I-140. We decided we will apply in EB2 too. In september EB2 was applied and for some reason it is "in process"

Today, I got an email from our lawyer and she is asking us to pull out EB-2 LC because she is afraid this may be an audit case. She feels there may not be enough credentials on the part of the employer to prove my husband deserved to change his case from Eb3 to eb2. She is forcing us to withdraw because she feels she is not sure if the audit will go well and it can result in serious consequences to the employer. She read an email in AILA similar to our case and she strongly believes our case too is an audit case.

PLEASE HELP ME HERE. I dont know if we are being mislead. So much money has already been spent on this and I feel horrible.

Thank you very much,

ucadi1.
 
You need to specify more than just the fact that your husband has an MS. What is the position like? Does it require a Bach degree or an MS? What is his work experience?

After you answer all these questions, don't just trust an answer from here, please consult to another attorney just to make sure that your current lawyer is correct. Attorneys usually charge a one-time fee for consultation.
 
EB2 / EB3 depends on the job offered to you ,its description and requirements. Your qulification may be a PhD from US university but job offer ed from your employer is simply a programmer job and the job requires a BS degree plus 3 years exp it come under EB3 category only. Even you have 20 years exp and MS PhD from US university, still you will not qualify for EB2.



ucadi1 said:
Dear All,

I am stuck in a very peculiar situation and I need advice before I take a decision for good or bad. My husband had filed in LC in Eb-3 last year and got an approved I-140 too. But for some reason, we felt our lawyer persuaded us to apply in the EB-3 category instead of EB-2 even though my husband has credentials. He has an MS from USA but the lawyer kept persuading us to believe that the safest route is EB-3.

After all this Drama. After pocketing I-140. We decided we will apply in EB2 too. In september EB2 was applied and for some reason it is "in process"

Today, I got an email from our lawyer and she is asking us to pull out EB-2 LC because she is afraid this may be an audit case. She feels there may not be enough credentials on the part of the employer to prove my husband deserved to change his case from Eb3 to eb2. She is forcing us to withdraw because she feels she is not sure if the audit will go well and it can result in serious consequences to the employer. She read an email in AILA similar to our case and she strongly believes our case too is an audit case.

PLEASE HELP ME HERE. I dont know if we are being mislead. So much money has already been spent on this and I feel horrible.

Thank you very much,

ucadi1.
Click to expand...
 
Perm labor---urgent pls

hi all,
we applied my labor on 09/27( EB3)
but they sent a mail that received on 10/19
so how many days it takes time to get approved after they receive it

thanks
 
It is important to remember that EB2 is not based merely on credentials; it is also based strictly on whether or not the company is able to support that there is a business necessity for those credentials (i.e. they wouldn't hire anyone with less than the EB2 requirements without constituting fraud), and a salary that the company must be willing to support.
If your lawyer is reputable, you should trust her opinion. I have seen several cases that are along similar lines to what she has mentioned with the audit. However, every good attorney/firm should ALWAYS prepare the appropriate supporting documentation in ADVANCE, so that if an audit is to occur, all the information is there and ready. To have her indicate "just withdraw" screams dodgy to me, and possibly there was a mistake that she noticed or some such situation.
If your case was filed in Atlanta, this pending time is 'normal.' Atlanta is awful about being consistent with pending cases. If it was filed in Chicago and is still pending, there could be an issue.
You should have your lawyer send a status inquiry to the PERM people or contact the PERM center to see what is taking so long. You should NOT contact the PERM center, however. They do not look kindly on the employees calling, in fact, we've heard they have hung up on some that called!

I hope this helps. Good luck.

ucadi1 said:
Dear All,

I am stuck in a very peculiar situation and I need advice before I take a decision for good or bad. My husband had filed in LC in Eb-3 last year and got an approved I-140 too. But for some reason, we felt our lawyer persuaded us to apply in the EB-3 category instead of EB-2 even though my husband has credentials. He has an MS from USA but the lawyer kept persuading us to believe that the safest route is EB-3.

After all this Drama. After pocketing I-140. We decided we will apply in EB2 too. In september EB2 was applied and for some reason it is "in process"

Today, I got an email from our lawyer and she is asking us to pull out EB-2 LC because she is afraid this may be an audit case. She feels there may not be enough credentials on the part of the employer to prove my husband deserved to change his case from Eb3 to eb2. She is forcing us to withdraw because she feels she is not sure if the audit will go well and it can result in serious consequences to the employer. She read an email in AILA similar to our case and she strongly believes our case too is an audit case.

PLEASE HELP ME HERE. I dont know if we are being mislead. So much money has already been spent on this and I feel horrible.

Thank you very much,

ucadi1.
Click to expand...
 
Chicago processing center- Audit EB2

Thank you for prompt replies. It seems like our case went to the Chicago processing center and there is delay almost 3 months in our case. Since we first applied in EB3 and now EB2, the lawyer feels there could be a case of AUDIT. She feels the case may or may not be strong and also feels helpless. she has not audited any cases before.

In Eb3 we were filed as engineering technician since the prevailing wage was too high for an engineer title to match but in EB2 she filed as Electronics engineer. I am not sure if this itself could be a case for Audit. Moreover, my lawyer feels that if an audit comes, the DOL will do everything in it's power to work against your case and sometimes may even pull out EB3 labor and I-140 to see how that was approved. It can all go in jeopardy it seems. This is how her opinion goes and we are advised to withdraw. I dont know what to do..since my PD is august 2005 in EB3 and god knows if i will ever be a permenant resident.

So much money and so many worries. HELP ME PLEASE. What should I DO? withdraw ???
 
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