I think that you should tell your lawyer to withdraw case, then your case won’t be denied, it would be withdrawn, but I don’t think that any of this matter because you are applying PERM through other company.
My HR told me that she called 202 number and they told her that 45 day letter response was received last year sometimes in March, and that my case is pending and they don’t know when it will be determined, she told me it can be any day or in couple of months. She suggested me to ask my managers for are they supportive of PERM, my manager is OK but he has to ask his boss, then how much is that going to cost, bla, bla, bla.
I hope that boss of my boss will approve PERM expense.
By the way how much does it cost to file PERM about 10k more less?
I am right now EB3 almost 4 years of waiting and now after talking with HR and lawyer they kind of suggested me to go for PERM EB2. My lawyer filed EB3 before because in 2002 it didn’t matter, and I am rest of the world so nobody really know that visa retrogression is going to happened.
I think that my HR and my lawyer just want that I stop bugging them by e-mails “what is going on with my case”, they are kind of people leave me alone, don’t bug me. It is good for me that I work for big company, and that they are paying for my GC, and it looks like they want it done ASAP my lawyer, hr and my boss. I hope that boss of my boss will OK it.
I think the lawyers love this BEC mess they know that sooner than latter we will switch to PERM especially EB3 people who can qualify for EB2, and that means more money for them.
I also think it is not wise to write e-mails to big guys in DOL, because you are nobody in their eyes and you are bugging them, so they will just squash you as a bug.
best luck to you all