I would appreciate if any of you good souls please help me with PERM audit and H1B extension related question.
I am on H1B and it expires in Nov-2011. The 1st extension was not filed yet. At the beginning of Jan my lawyer filed for PERM, and the application was audited last week (checking the recruitment procedures); however there was a huge mis-communication between the lawyer and my boss. The company did receive few responses for the position in question, but my boss was waiting for the lawyer to obtain further directions on processing them, and my lawyer filed for PERM being sure that none came in. The lawyer has withdrawn himself from the case (by DOL's permission) and my employer needs to write a letter explaining why the applicants for the position were not suitable.
At this point I am not looking to place blame on any of the parties involved, but am just wondering what can be done and how it affects the future of the case. Should I have another lawyer look at the letter before it's being send? How does this situation affect the H1B extension, and possibility of re-filling the case? Should the extension of H1B be filed now, before the audit procedure is finished, or is it wiser to wait? Will the comapany be placed under "supervised recruitment" because of this? I would appreciate your comments. Thank you!
I am on H1B and it expires in Nov-2011. The 1st extension was not filed yet. At the beginning of Jan my lawyer filed for PERM, and the application was audited last week (checking the recruitment procedures); however there was a huge mis-communication between the lawyer and my boss. The company did receive few responses for the position in question, but my boss was waiting for the lawyer to obtain further directions on processing them, and my lawyer filed for PERM being sure that none came in. The lawyer has withdrawn himself from the case (by DOL's permission) and my employer needs to write a letter explaining why the applicants for the position were not suitable.
At this point I am not looking to place blame on any of the parties involved, but am just wondering what can be done and how it affects the future of the case. Should I have another lawyer look at the letter before it's being send? How does this situation affect the H1B extension, and possibility of re-filling the case? Should the extension of H1B be filed now, before the audit procedure is finished, or is it wiser to wait? Will the comapany be placed under "supervised recruitment" because of this? I would appreciate your comments. Thank you!