PERM Denial - Co Review Query - Need Suggetion

gunjantalsania

New Member
7+ Experience in IT. H1B 2.5 Years left. My PERM was filed in Aug 12, EB3. Got Audit in Nov 12. Got denial in July 13. My employer is not sharing the audit/denial reason with me saying it is company confidential.

Now my employer has filed Motion of review with CO ( certifying officer ) in July/Aug 13. They say this process is expected
to take 18-36 months on an average.

1) Is it really takes this long, 18-36 months for this review? How many chances ( roughly percentage ) to get this denial concert to approval?
2) Is it legally allowed for my employer to start fresh and file PERM again? Is it worth forcing my employer on this ( Not sure employer will agree as they are not very supportive). Will new PERM result may get affected by the current denial?
3) Is it beneficial if I change the job and my new employer file fresh Perm/GC? will this current denial
may affect new company's PERM/GC?

I am really confused what to do here. Should I wait or should I start searching for new job?
Any help/suggestion would be very appreciated.

Thanks.
(reply)
 
When motion to review is filed with certifying officer, it might or might approve. In situation where certifying stands with denial, will forward your case to appeals court BALCA. Current wait time is around 2 years. While your case is pending, your employer cannot file new PERM on your behalf unless it is withdrawn.
 
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