green_card_06
New Member
My company went through a 10% workforce reduction just when my PERM application was ready to be filed. Although nobody from my group has been affected, a couple of people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:
1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?
2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?
3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?
4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.
1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?
2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?
3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?
4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.