PERM Denial Help!!!!

A

alishkany

New Member
Please help me to figure out what's going on with my perm application.
original application was submitted in August, 2007, it was selected for an audit. My attorney compiled the file with all the required documentation and sent audit response in September, 2007. On November we received a letter from DOL saying that Form 9089 was not certified due to the following reason: the employer failed to provide Notice of Filing.
My attorney says that we submitted ALL the required docs and it's simply an overlook on CO's behalf. He sent PERM appeal stating that we provided all docs requested in the letter, including the print advertisement.
Can anyone explain to me if the Notice of Filing is part of print advertisement? or it's a separate document? does my lawyer lies? what are my chances of getting such case approved? I'm so lost and frustrated!!
Thank you in advance for all your help and advice!
 
alishkany
Notice of filing is internal job posting to be posted on office board or employee notice board for 10 business days, the contents would be same as ad, with an addition of wages to be paid/rate of pay and with mandatory disclaimer, this notice is provided as a result of filing of an application for permanent alien labor certification.......
 
so, it means that my attorney simply did not include it in the audit response? because in the response package i see only newspaper and other external advertisements and no internal job posting... (((
 
unfortunately, they are expired already, and attorney said it will cost me additional 1200 in his fees, besides advertisement costs, to refile the case..
 
alishkany said:
unfortunately, they are expired already, and attorney said it will cost me additional 1200 in his fees, besides advertisement costs, to refile the case..
Click to expand...

New rule is that employer has to pay all the fees for PERM including lawyer.

Do you have a copy of 9038? If not, your employer would have that. Or employer can sign-on to PERM and print a copy. And you would have all the ads.

Just repeat the ads and ask file PERM online without the help of lawyer. It takes only 15 minutes to file online. Employer should be able to do that.
 
Notice of Filing is also called "Job Opening Notice" or "Notice of Position Opening." It must be posted for a minimum of 10 business days in a conspicuous place at the employer's place of business such as a company bulletin board or a break room or the like.

It is possible that they did indeed just not see it - we had a denial based on the DOL saying that a document wasn't there, but in our copies it clearly was. I have also read similar instances on AILA, unfortunately. In some situations, it is easier just to re-file as opposed to entering into a he-said/she-said argument that may occur from this situation. I don't envy you - yuck!
 
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