perm denied: appeal or refile?

P

pansy0202

New Member
My perm was denied (EB2) after seven month's waiting including an audit.
The reason for denial is not sufficient information regarding the reasons for rejection of U.S. workers.
Should I appeal or refile it? What's the chance if I file an appeal, how long will it take? I've already waited long time, while a number of my co-workers who have the similar cases as mine were already approved.
Any advice will be appreciated.
Thanks.
 
If you have solid reasons for rejecting US workers, you can definitely take a chance to appeal. And then can withdraw that appeal when you are ready to file new application with all the recruiting efforts if you have not heard anything on appeal by then. (I have no idea how long it takes or what it takes to withdraw an appeal as it's not online I think)

On the other hand, the appeals are not recommended as they are uncertain and time consuming unless you need to meet certain deadline like 7th year H1B extension.
 
Valid reasons to reject US workers

What could be the possible valid reason to reject applications? e.g. if the min. education requirement is MS + 3 years, so any one not meeting this criterion be rejected?

Also, is not having experience in one of the job requirements good enough reason to reject?
 
Ther could be numerous reasons including what you specified. But the Recruiting report should be well documented outlining each appliant, why s/he doesn't qualify, whether the followup was done or interview took place if yes the reasons for their rejection.
 
Thanks for the reply.
I think the problem with my case is that the lawyer didn't outline each applicants in the recruiting report.
 
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