Request for review

S

Sundraj

Registered Users (C)
A friend of my got denial after a week he filled the perm application. The reason for the denial was incorrect date entry for the additional recruitment. His employer sent a request a month age for review and hos not heard anything yet. Do anyone knows how long does it take for the final determinaion? Can he file another application while the request is in process?

Please share your thoughts
 
Sundraj said:
A friend of my got denial after a week he filled the perm application. The reason for the denial was incorrect date entry for the additional recruitment. His employer sent a request a month age for review and hos not heard anything yet. Do anyone knows how long does it take for the final determinaion? Can he file another application while the request is in process?

Please share your thoughts
Click to expand...

Reqeust for review or request for appeal must generally be avoided unless the alien needs a pending labor certification application (for more than 365 days) for the purpose of obtaining a 7th year H-1B extension beyond the normal 6-year limit.

If the alien has plenty of time left on his H-1B, then it is best to re-file a fresh PERM application (assuming recruitment steps have not expired) after a denial due to minor technical error such as incorrect data entry on the form.

Processing times for "request for review" can take several months (6 to 10 months). Also, it is may be likely that DOL may affirm the denial again after reviewing it after so many months.

It is best to refile immediately (by fixing all the technical errors) after a PERM denial provided 180 days have not passed since the earliest recruitment start date. Re-filing increases the probability of obtaining a quicker approval as opposed to "request for review/appeal".

Good luck!!
 
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Sundraj said:
Thanks a lot mvinays.
Can he file a new application while a request of review is pending?
Click to expand...

The request for appeal needs to be withdrawn before re-filing. In other words, a new PERM labor certification application cannot be filed (according to DOL) while an appeal is pending for the same alien, same job and same employer.
 
Employer/lawyer should send a written request (a letter) to withdraw the request for review/appeal. DOL should then reply back with a confirmation letter stating that the request for review has been cancelled. Only then, the LC case is considered as "officially denied".
 
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