PERM Tracker - Chicago

Incorrect Approval Notice

Hello,

My lawyer received the approval confirmation today. Looks like the DOL has sent the approval notice of someone else with the confirmation.

Has someone else faced similar situation?

The lawyer has requested a duplicate copy of the approval notice. However the notice will directly go to the CIS in conjunction with the I-140 petition filing. What could be the consequence of all this?

Thanks.
 
PERM Denied...Pls Help

I just checkd the status of my application online and it said denied. I am yet to find the exact reason for the failure from my attorney but the initial question comes to my mind is:

On Form 9089:

H 4-B: Major feild of study?
Computer Science

H 7: Alternate field acceptable?
No

J 12: Alien Major Field of study?
Computer Applications

Does this have to do anything with the perm denial as it does not match the primary requirement. Please let me know if this could be the case for Denial and how it can be rectified and the case can be refiled(if at all it can be refiled). Highle appreciate the help.

PD:4/11
First Denial:5/10
Category: EB2, MS+2
 
krishna-2006 said:
LookingForGC,

What did your lawyer put in H10A, H10B, H12 & H14
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krishna-2006,

10: Yes
10-A: 24
10-B: Database Analysis
12: Yes
14: None

I guess J:18 and J:20 might also throw some light
J:18:Yes
J:20: No

Please let me know your thoughts if anything is messed up here..
 
my case is in audit today

I have EB3 aproved last year, in april 19 , 2006 I send new case in category EB2 but today (05/10/2006) my case is in audit . :( please help me!!!
 
gurumarket said:
I have EB3 aproved last year, in april 19 , 2006 I send new case in category EB2 but today (05/10/2006) my case is in audit . :( please help me!!!
Click to expand...

On which date was your new EB2 PERM case filed?

Wait for the audit letter and let us know what they asked for in the audit?
 
LookingForGC,

Here are my assumptions..
1)According to PERM for MS+2 Yrs H12 = NO (SVP 7>8). But this might be not a specific reason and some people got certified even H12=YES

2)I think J18=NO (Because You do not have the experience in the current job offered but you had 2 years of experience in a position Database Analysis) and therefore J20=YES you have experience in alternate job.

3)If you say Alternate field of study is not acceptable H7=No then it sholud be Computer science not Computer applications.








LookingForGC said:
krishna-2006,

10: Yes
10-A: 24
10-B: Database Analysis
12: Yes
14: None

I guess J:18 and J:20 might also throw some light
J:18:Yes
J:20: No

Please let me know your thoughts if anything is messed up here..
Click to expand...
 
krishna-2006 said:
LookingForGC,

Here are my assumptions..
1)According to PERM for MS+2 Yrs H12 = NO (SVP 7>8). But this might be not a specific reason and some people got certified even H12=YES

2)I think J18=NO (Because You do not have the experience in the current job offered but you had 2 years of experience in a position Database Analysis) and therefore J20=YES you have experience in alternate job.

3)If you say Alternate field of study is not acceptable H7=No then it sholud be Computer science not Computer applications.
Click to expand...


krishna-2006,

I agree with your 2) and 3) point and one of it or both could be the reason for denial.

So can we change the options of J18, J20, and Major field of study and refile immediatly? (my Ads will expire early next month).
 
LookingForGC,

You can always apply as long as the Ads are vaild, But do it ASAP after you receive the letter form DOL.

LookingForGC said:
krishna-2006,

I agree with your 2) and 3) point and one of it or both could be the reason for denial.

So can we change the options of J18, J20, and Major field of study and refile immediatly? (my Ads will expire early next month).
Click to expand...
 
mvinays : my audit notification say:

Audit Reasons
"the alien listed on this application is also listed on another application. please provide documentation explaining this discrepancy"
please help me...
 
Gurumarket,
this looks like a tough audit query to respond. BTW, are the jobs EXACTLY "identical" in the two PERM applications filed for you ? In other words, are the jobs for EB3 and EB2 PERM applications exactly similar? Were the jobs "materially different"?

List the following for Job 1 and Job 2:
1. Job title
2. Job duties
3. Job location (city, State)
4. Min job requirements (degree and expereince reqts)
5. Special requirements or Skills requirement (Box H-14).

If one or more of the above items are significantly different when the two jobs are compared, your employer/lawyer can argue in the audit response that you are being sponsored for a totally new/different position in the second PERM application.

DOL does not allow employer to withdraw the application after audit. This means a convincing audit response MUST BE sent. Else, employer may face severe consequences such as supervised recruitment by DOL or maybe even a ban from being able to file PERM for 2 years.

Hope this helps.
Best of luck!!
 
mvinays :
The firts job was "Recruiment Agent" for EB3 and other job is "Office Manager" for EB2 but is for the same employer.
 
gurumarket said:
mvinays :
The firts job was "Recruiment Agent" for EB3 and other job is "Office Manager" for EB2 but is for the same employer.
Click to expand...

I think your employer/lawyer can successfully defend the audit query saying that the EB2 application is for a propsed future employment as a manager since your company plans to promote you in the future.
 
gurumarket said:
mvinays :
Thanks at lot , Thanks for your help...this is great help for me.
Click to expand...

I'm on the same route. The company filed PERM EB-3 case and it took me 6 months to persuade them, that EB-2 way looked better. Unfortunately, my EB-3 case had been approved by the time when EB-2 case was filed.
So, I'm waiting what Chicago will say about my discrepancy. :-(
I don't have access to my employer's PERM account, so I don't know the status. However, I have had no updates from lawyers and HR so far, which possibly means that my case is "in process".

gurumarket, keep us (me personally ;-) ) in touch please.
 
Last edited by a moderator:
-me- said:
I'm on the same route. The company filed PERM EB-3 case and it took me 6 months to persuade them, that EB-2 way looked better. Unfortunately, my EB-3 case had been approved by the time when EB-2 case was filed.
So, I'm waiting what Chicago will say about my discrepancy. :-(
I don't have access to my employer's PERM account, so I don't know the status. However, I have had no updates from lawyers and HR so far, which possibly means that my case is "in process".

gurumarket, keep us (me personally ;-) ) in touch please.
Click to expand...

Good luck and keep us updated.
 
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