Perm Denied;Work Order

S

sk30

New Member
Hi my Perm application was denied as my employer had not waited for 1 month after he had the work order. I do not know much about the process in detail but according to my employer he says that we can re file it again just after one month is over.

Work Order Date Oct-13th,2006
Perm application filed date-Oct 23rd,2006
Application Denial date-Nov 9th,2006

My employer is suggesting me that we can refile the application again i.e. after Nov 13th,2006 as it is one month after the work order date.

1. The question I have is, is it ok for my employer to refile again in such a short period of time or do I have to wait for a certain period of time before I re-apply?

2. What stage of the GC process do we need to specify the category I belong to i.e. EB1 or EB2 or EB3.


Thanks in advance
-sk



:) :(
 
1. Your employer can refile without a problem after the 30 day period is done. Make sure you double and triple check that there are no other inconsistencies, 30 day quiet period is one of the most fundamental things about the PERM, if your employer/the lawyer missed that, you really want to make sure they didnt mis anything else.
2. I am not sure whether you specify in PERM, you do specify in I-140 though. Someone else may confirm PERM...
 
ImmigraBoy said:
1. Your employer can refile without a problem after the 30 day period is done. Make sure you double and triple check that there are no other inconsistencies, 30 day quiet period is one of the most fundamental things about the PERM, if your employer/the lawyer missed that, you really want to make sure they didnt mis anything else.
2. I am not sure whether you specify in PERM, you do specify in I-140 though. Someone else may confirm PERM...
Click to expand...

Buddy by 30day period you mean my employer can refile again i.e. after Nov13th, 2006?

Sure thing I will reconfirm and get everything thoroghly checked by my employer before I apply again. Just to confirm again there is no fixed time frame in my case as such to wait other than till Nov13th.

Thanks in advance
-sk
 
I am still not getting the right answer for my question. That is it ok to refile for my labor again considering the initial work order date to be Oct 13 and file it after Nov 13th (30days). Please advice

Thanks in advance
-sk
 
You can file 30 days after ALL of your advertisements stopped. Apply on your 31st day just to make it certain.
 
You have to wait until 30 days after the job order EXPIRES. If you just posted it on 10/13, you would have to wait until 12/13 to file.
 
OK, ASSUMING ALL OF THE OTHER RECRUITMENT IS OK, say the SWA job order was posted on October 1. The 30th day of the job order would be October 30. You can file 30 days AFTER October 30 -- November 29.

If your immigration counsel messed up and filed, say, October 23rd, and the PERM was denied, you could very well still file on November 29 with no problem.

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