Perm Denied 'unfairly'

P

Perma

Registered Users (C)
My case was selected for a random audit in November. We sent in all documentation and received a denial in April - The reason stated was that the documentation did not have "two original signatures"

It is possible (can't tell for sure on our own photocopies) that the signatures were in black ink, leading them to believe they were photocopies and not originals. My lawyer sent in a "request for reconsideration" in April and we have not heard back from them yet. The ads are too old now and we would need to refile a new case.

1) Has this happened to anyone else?
2) How long does a request for reconsideration take to go into BALCA which would prevent us from re-filing?
3) Has anyone ever succeeded with a request for reconsideration?
4) A friend suggested contacting our local congress person and ask them to help appeal our case with the DOL given that it is an 'unfair denial' - i.e. the documentation we sent in does indeed contain original signatures and not photocopies. Does anyone have an opinion on taking this route?

I just got an extension for H1B - final year. I am worried that I am running out of time.
 
Your case is like mine. Mine was submitted in July 2005. After 7 months of waiting, it was denied in Feb. 2006. At that time, I have only 9 months left and my H-1B can not be extended. We immediately started a new recruitment and resubmit in May. The second one was approved in 7 days. It is a big relief to me. Since we are not in retro, we will be submitting I-140/I-485/EAD concurrently this week.

My suggestion to your case is to start a new PERM recruitment right away. The new PERM system is a no-communication system. You won't know when they will reconsider your case. Time is precious to you. Don't wait.
 
Certifying Officer

Has anyone tried going personally to the PERM Chicago processing center and talking to the Certyfing officer?
 
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