PERM 2nd Audit request-Please help me out!

[ra_perm]

Hello friends, please help me!

My Labor Certification was applied thru PERM at the end of my 5th year of H1-B visa. I ran into the 6th year now and one month already passed. I got 1st audit request from DOL and was responded timely on that with advertisements stuff. Now I've got a 2nd audit request asking for a justification on the job requirements listed for this position. My position advtsmnt. shows bachelor's degree plus 5yrs of min. exp. appliying under EB-3.

Specifically, the Department of Labor would also like an explanation of why the position requires a Bachelor's degree plus 5 years experience. Because that level of education and experience exceeds what the Department of Labor believes is normally required for the job (based on their broad occupational classifications), they have requested we provide evidence of "business necessity" - that is, we will need to show evidence that because of the type of work the company does, it is necessary for someone in the position of Senior Programmer Analyst to have the level of education and experience we have listed (or the equivalent).


The attorney sent this to me and asking for detailed job info to provide and in responding to the DOL. Can anyone please help me out how to respond this type of questions? Is there a specific firmat in answering such type of questions? I am loosing my mind thinking of how to respond this.

And can any help me what would be chances of 7th year extension in such case while my PERM is pending? Is that possible to re-apply a new PERM now?

Any help would be appreciated!

thanks.
RA

 

[tusharvk]

a good attorney should help with answering the question regarding job necessity.

as regards to your other question, if your labor was into DOL 365 days before expiry of h1b, certainly, you can apply for 7th year extension.

Hello friends, please help me!

My Labor Certification was applied thru PERM at the end of my 5th year of H1-B visa. I ran into the 6th year now and one month already passed. I got 1st audit request from DOL and was responded timely on that with advertisements stuff. Now I've got a 2nd audit request asking for a justification on the job requirements listed for this position. My position advtsmnt. shows bachelor's degree plus 5yrs of min. exp. appliying under EB-3.

Specifically, the Department of Labor would also like an explanation of why the position requires a Bachelor's degree plus 5 years experience. Because that level of education and experience exceeds what the Department of Labor believes is normally required for the job (based on their broad occupational classifications), they have requested we provide evidence of "business necessity" - that is, we will need to show evidence that because of the type of work the company does, it is necessary for someone in the position of Senior Programmer Analyst to have the level of education and experience we have listed (or the equivalent).


The attorney sent this to me and asking for detailed job info to provide and in responding to the DOL. Can anyone please help me out how to respond this type of questions? Is there a specific firmat in answering such type of questions? I am loosing my mind thinking of how to respond this.

And can any help me what would be chances of 7th year extension in such case while my PERM is pending? Is that possible to re-apply a new PERM now?

Any help would be appreciated!

thanks.
RA

 

[ra_perm]

When one perm is applied and pended, is it possible to apply another perm application while the first one is pended for the same person with same title?

 

[st4rguitar]

Do you mean EB2? A Bachelor's degree plus 5 years of experience is an EB2 application (it is the alternative of a Master's degree + 1-3 yrs. experience - EB2 credentials.) Sr. Programmer Analyst is rarely an EB2 position, too.

I have witnessed one case where we received 2 audits in the exact same manner - one for the advertisements/etc., and one for the business necessity for position requiring the Bachelor's degree & 5 years of experience. The case was approved.

No, you cannot apply a new PERM case while one remains in process. One case has to be withdrawn in order to re-file. However, once an audit is issued, you cannot withdraw the case. You have to respond to the audit in the alloted time or it will be denied; or, you have to respond to the audit and wait for the DOL's decision.

I see this post is a little dated - has your situation been resolved?

Hello friends, please help me!

My Labor Certification was applied thru PERM at the end of my 5th year of H1-B visa. I ran into the 6th year now and one month already passed. I got 1st audit request from DOL and was responded timely on that with advertisements stuff. Now I've got a 2nd audit request asking for a justification on the job requirements listed for this position. My position advtsmnt. shows bachelor's degree plus 5yrs of min. exp. appliying under EB-3.

Specifically, the Department of Labor would also like an explanation of why the position requires a Bachelor's degree plus 5 years experience. Because that level of education and experience exceeds what the Department of Labor believes is normally required for the job (based on their broad occupational classifications), they have requested we provide evidence of "business necessity" - that is, we will need to show evidence that because of the type of work the company does, it is necessary for someone in the position of Senior Programmer Analyst to have the level of education and experience we have listed (or the equivalent).


The attorney sent this to me and asking for detailed job info to provide and in responding to the DOL. Can anyone please help me out how to respond this type of questions? Is there a specific firmat in answering such type of questions? I am loosing my mind thinking of how to respond this.

And can any help me what would be chances of 7th year extension in such case while my PERM is pending? Is that possible to re-apply a new PERM now?

Any help would be appreciated!

thanks.
RA