Perm Audit - Need Advice

M

monclova16

New Member
My lawyer just notified that my PERM (filed two months ago) case has been selected for an audit. His suggestion is to withdraw the case and re-file. His view is that an audit would take at least a year and probably more and that I would get the certification sooner simply by re-applying.

My employer is not so sure about this and neither am I. The information submitted is accurate unless there is some mistake that I did not notice. The lawyer says cases are selected randomly for audit, that it is probably the case since we did not get any specific inquiries with the audit notice. He also said withdrawing the case does not imply admitting to some kind of wrong doing on my part.

I am disappointed about this whole thing but do not want to make things worse. Why would a lawyer suggest something like this if it would mean trouble? Just to avoid the extra work?

Even if I decided to follow his advice my company might not go for it so it could be a moot point. In any case I would appreciate any comments from people with audit/re-filing cases and of course gurus.

Thanks a lot.
 
You can't withdraw a petition after it goes under audit. You must either respond to it and wait for a decision, or don't respond to it and have it denied.
Yes, some cases are selected at random for audit; some are selected based on specific triggers - such as EB2, a foreign language requirement, a combination of jobs, etc.
However, your post is quite old, so I'm assuming your situation has been resolved. Let me know if you need anything further.
 
In the event of an audit, your PERM application can not be withdrawn.

An application can not be withdrawn once it has been selected for audit. If circumstances have changed such that the application is no longer valid or applicable, the application must be withdrawn.

But, if an application is selected for audit, the employer can not forego the audit by claiming the application is no longer valid or applicable. The employer will be held to the audit provision standards and possible resulting consequences.

(also see www.greencardapply.com/perm/perm_faq.htm)



vectorp
www.greencardapply.com
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Hi st4rguitar,
Appreciate to ur time & effort in addressing members concerns on this forum.
I applied my labor through an XYZ company mid-last yr.Now we received a audit for the petetion sayin that the employers minimum req exceeded the SVP level assigned by O*Net to the SOC CODE assigned by occupation identified bin F-2 of ETA.
My problem is my employer is not that coopervative & laid back & their attorney is even worse.After continous bein after them, they r like y dont u get supporting docs urself.
I'am in a desperate situation as i cant even approach other attorneys as my employer would'nt agree.
I would greatly appreciate if you could send me some write-up in this regards which would help my case.
thnx in advance
 
Audit recieved

st4rguitar said:
replied to your PM
Click to expand...

I received an audit as well. DOL needs docs as below. How long does audit cases take to process?

1. The documentation listed on the following attachment supporting the
attestations made on the application
2. A copy of the submitted ETA form 9080 with original signatures in Section L(Alien declaration), Section M(declaration of preparer(if applicable)) and Section N(employer declaration)
3. Proof of business necessity as outlined by 656.17(h) if the answer for question H-12 is no, the answer for questions H-13, H-15 or H-17 are yes, or the job duties and/or requirements are beyond those defined for the job by the SOC/O* Net code and Occupation Title provided by the state work force agency.

4. Documentation required for live-in household domestic service workers as outlined by 656.19(b) if the answer to the question H-18 is yes

5. Notice of filing documentation as outlined in 656.10(d)

6. Recruitment documentation
 
My audit is also exactly similar. Please let me know if you get any details and is this a random audit or it is selected for an audit because of any mistake?
 
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