PERM denial

L

live4u

Registered Users (C)
Hi,
My employer applied for my perm last august(2005) in EB2 and in november we got a denial. The reason for denial is " a typo on the dates that the job was posted on CalJobs made it appear as if it was not posted for the full, required 30 days". On 9089 there was a very very important typo which was not caught by our HR as well as the attorney!!!! My employer applied for a request for review with corrected information in december 2005. Also, they dont know how long will the review take. Now after 6 months if I ask my HR they are not giving me proper answer. They are asking me to wait. Can someone please tell me how long does this take usually? Also, is there a way how we can go about this? Are our guys bullying me?

Tx
 
Timelines for appeal are still unknown. I heard if it goes to BALCA for review it may take years to get an answers from them. I have not heard of anyone who received any decision of an appeal so far since PERM process started.

For dates typo/mistakes it is generally recommended that you file a fresh app if the Ads are still current after the denial. If the Ads are not current, it is generally quicker to redo the whole process and file a fresh case unless one is already in the 6th year of H1B and need to use the earlier PERM filing date to get the extension where one can get the extensin based on pending appeal and hope that one fine day BALCA will make decision on their favor.
 
Thanks for the reply. As I see that it is already 6mo, its better to for new one. I have a BE mech background with 10yrs exp in networking industry. I persuaded my HR to file me in EB2. As the app got denied becase of some silly mistake, if we go for new app process, my HR says that they cant apply me in EB2 for the reasons
a) my designation and pay doesnt suit for EB2
b) company is doing EB3s for everyone now and they cant push me in EB2 as it could jeopardize the applications for others
c) my background may have an adverse effect on my app

Do I need to believe these guys? Are they playing with me? Or is it correct about what they are saying? Please let me know.

Also, Is there a way for us to check the satus of our labor app? My HR and attorney say that they get only one username and password to check the application status for the whole company. I dont know whether it is true or not.

Tx
 
Yes, the designation and pay has to be considered even though this is a future offer. It depends on what are the minimum reqs set for the position that your employer is sponsoring you for. If they have set BS+3 for Network Engineer and pursued other apps accordingly. They can't make yours with the same title but reqs be BS+5, the title and job duties need to be different in that case. They can definitely do Sr. Network Engr as a future offer with BS+5 reqs but hen the prevailing wage would increase and the employer should be comforable with paying you that much once you get your green card. About the background, I don't think that could be an issue just for EB2, if they say BS in any Engineering field as the Edu req then it shouldn't matter. If they dont include (or say any Engineering) with even Eb3 reqs then it can be a problem with that as well.

The reqs for the same title needs to be same throughout the company, though senior position in that title can be an option to qualify for EB2.

Yes, there is a centralized account for Employer (who creates a subaccount for Attorney) and that is the only way to check the PERM status.
 
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