PERM denial after audit

srisainath

New Member
Hello,

My employer filed my perm in 2012 may(EB2), and audited in Aug and got denial in December (the reason they gave is that the ads they used were not specific enough to ascertain the minimum requirements of the position).Employer is telling that he is going to appeal and also apply new labor for another job. This is my first H1 . Now my client is offering Full time position and would like to apply my green card in EB3. My questions are

1. Is it possible to go for appeal and new labor by same employer same time?

2. If we don't want to go for appeal and apply new labor what are the chances of approval ?

3. Can anybody advice what to do in this situation. Shall I go ahead and take offer from client or do I need to go for new labor with same employer ? please let me know.

4. As per my research most of them are telling that I will get denial again if I apply with same employer?

Please post your opinions and suggestions as soon as possible.

Thank you
 
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