PERM Audits & Endless Delay - IV Advise Needed

[hellomms]

Unless someone presents a solid argument against us using Option 2, I am going to start working on the template so all of your can add:

1) Name
2) Address
3) Case # - Optional

[m.anderson]

Option 2 sounds like a good idea. i think we should individually send the letter and also mail it on the SAME DAY (TBD) as certified mail so we could track it online. This way, most of the letters will arrive the same day. At the same time, we get some backup support from a congressman/congresswoman so they could check with the DOL about the status after couple of weeks of submitting the letters. They would have a stronger impact on the DOL than us i guess.

OR

We could have a 3rd option where we all mail the individual 70+ signed letters to one IV member. The IV member would mail all signed letters to a congressman/congresswoman and he/she would initiate the process with the DOL and ship them the letters and asking them to review the cases. This will defenitely have a stonger impact.

MMS, If you know a good congressman/congresswoman that is willing to help us out, this would be an excellent option.

[windycloud]

Option 2 please.

[snathan]

Option 2 sounds like a good idea. i think we should individually send the letter and also mail it on the SAME DAY (TBD) as certified mail so we could track it online. This way, most of the letters will arrive the same day. At the same time, we get some backup support from a congressman/congresswoman so they could check with the DOL about the status after couple of weeks of submitting the letters. They would have a stronger impact on the DOL than us i guess.

OR

We could have a 3rd option where we all mail the individual 70+ signed letters to one IV member. The IV member would mail all signed letters to a congressman/congresswoman and he/she would initiate the process with the DOL and ship them the letters and asking them to review the cases. This will defenitely have a stonger impact.

MMS, If you know a good congressman/congresswoman that is willing to help us out, this would be an excellent option.

You can send it to congresswoman Zoe lofgren....

[usirit]

I choose # 2

[hellomms]

1. With due respect to Mr Gotcher, the letter does not address audits but gives the impression that even cases without audits are being processed randomly which is not necessarily true
......
3. The letter should instead address the backlog and ask for DOL's cooperation in resolving the back log ASAP.


snathan,

Would it be possible for Mr. Gotcher to revise the letter so it reflects the Audit related delays that we face, verses FIFO issue of the application?

I am working on the letter as we speak but I believe Mr. Gotcher can do a better than myself.

[m.anderson]

I'm on the east coast. We need to have someone in CA talk to congresswoman Zoe lofgren regarding the audit issues.

[letstalklc]

Hi All,

Perm Applied - September 2007
Audited - October 2007
Audit Replied - November 2007
Category - EB2

This month 22nd (i.e May 22nd 2008) got a reply from DOL to my audit saying that the DOL is asking for the resumes whichever my cleint got when they advertised for this position....also they wanted to see why they didn't select them....as per my laywer is saying that more more delays are expected...DOL just started asking the resumes....may be I am in the first batch...if this continues like this getting of labor going to be a big dream...forget about GC.....especially for the one who got audited....

Guys all the best for your letters...I can't write any letter at this point in time why because they got back on my case and asking for more details..

I wish to continue support you guys...

Regards,

[puskeygadha]

my case was audited last week and they have asked for recruitment report.
Which means they want the resume of the candidates they rejected as well.

[hellomms]

Guys,

I used the previous template and modified a little bit to make sure we mention the Audit Delays. Have a look at it and let me know what you think...

Updated Letter:

http://www.mediafire.com/?sjzyz31kqm4

[amirani]

option 2 sounds better...

I suggest all to mention the case # in letter as DOL identify cases by # not by person name and as Ron said there wont be much impact if you send it without case #.

[hellomms]

This month 22nd (i.e May 22nd 2008) got a reply from DOL to my audit saying that the DOL is asking for the resumes ....

...I can't write any letter at this point in time why because they got back on my case and asking for more details..


This is interesting. I get an email each time my lawyer updates (our Lawyers internal system) the status on our cases. I got a mail on May 22, but all that states is "Perm in Process". So I wonder if something similar happened, I have asked my lawyers and will see what they have to say.

@letstalklc: Sending a letter is your choice but since your Perm has not been approved yet and its still pending. I encourage you to re-consider your decision. We are going to send the letter in the hope that the our cases get a resolution, not just an update.


@puskeygadha sorry, your statement does not make sense. Was your cases rejected or audited last week?


@amirani: I agree and I think people should put their Cases number underneath their name. Since we can't force people to add it, it will be up to individuals to do that and make their case stronger.

[hellomms]

Here is the Version 2:

http://www.mediafire.com/?sjzyz31kqm4

[snathan]

snathan,

Would it be possible for Mr. Gotcher to revise the letter so it reflects the Audit related delays that we face, verses FIFO issue of the application?

I am working on the letter as we speak but I believe Mr. Gotcher can do a better than myself.

The subject says the malfuction of the Atlanta processing center overall. I belive once we furnish the case number, they will look into that. Also this letter is going to Inspector General and not to DOL, so no need to worry. If there is no case number, i dont know which case they will look into and how many cases are pending and for what reason.

If there is case number, it would make Inspector General office's job much easier to track and take any action or question DOL... otherwise its going to anonymous letter and I dont see any out put.

[sandeepk_c]

Appreciate the effort that is being put in approaching this issue.

Can snathan or hellomms publish the plan of action to send this letter?

Is it individual or group?

what date are we posting the letter?

Is it by fax/email/mail ?

Regards
sandeep

[sandeepk_c]

I read thru all the posts in the past and gathered my asnwers

Is it individual or group? - Individual as per the posts

what date are we posting the letter? - I would say we should have a poll and make sure all of us are doing the same day and same carrier.
Like FedEx overnight and 2nd June. This will ensure all the letters reach the same day.

Is it by fax/email/mail ? - Mail

Regards
sandeep

[hellomms]

sandeep,

I am finalizing the letter and once complete (with all your help) will publish the template so everyone can use it.

I think we sorta agree that its better if each one of us sends the letter individually. So once the template is ready you all can start sending the letters to the Inspector General.


all

Please provide some feedback on the letter I have drafted.
http://www.mediafire.com/?sjzyz31kqm4

Other links to previous draft will also link to this file. There is ONLY ONE version now.

[doknek]

Go ahead and make it available in appropriate format and please delete all other threads and posts (if you could) that refer to previous templates. That confuses me and might turn away some people:confused:

[hellomms]

Doknek

good point.

All other links will bring to this file, I have already changed them so people have ONE version.

Just waiting for an OK from the IV admin and I will make the final version available soon. Meanwhile if you have any comments/suggestions, let me know.

[ylee94]

PERM Filed: 10/18/2007
Audit date: November 2008
PERM Audit Replied: 12/20/2008
Category: EB2

[usirit]

HelloMMS;

Can you check on the last paragraph "...We ask that you recommend appropriate disciple for those responsible...."? Shouldn't be "discipline action"?

Other than this I think that we are Ok!

Thank you for your great assistance....

sandeep,

I am finalizing the letter and once complete (with all your help) will publish the template so everyone can use it.

I think we sorta agree that its better if each one of us sends the letter individually. So once the template is ready you all can start sending the letters to the Inspector General.


all

Please provide some feedback on the letter I have drafted.
http://www.mediafire.com/?sjzyz31kqm4

Other links to previous draft will also link to this file. There is ONLY ONE version now.

[hellomms]

usirit, thanks for pointing it out, I think you are right, I didnt catch that.


All,
We got a comment from one of the IV admin and his word echo what gcinnyc said in his comment (http://immigrationvoice.org/forum/showpost.php?p=251227&postcount=248) that the last paragraph sounds a bit harsh...

"Even though people suffering are frustrated, the letter should convey the frustration in a better way. You may want to look at drafts used by IV for its admin fixes campaign early this year."

and

"The letter must try to get a sympathetic ear of the agency rather than challenge or accuse the agency.You must present a human side in the letter showing how it is affecting your life, profession..."

I will try to dig up some old letters in spare time, but if someone has suggestions please feel free to take a stab at the letter.

Remember: Its OUR voice, not mine, not the lawyers, or anyone alone. Lets contribute!!

[gcinnyc]

Hello All:
I gave the letter a whack. Feel free to edit. Like I said earlier, we want them to be sympathetic to our cause and not make them defensive.

__________________________________________________ _______________

Re: Complaint of Extensive Audit Delays during the Foreign Labor Certification Process (PERM)


Dear Sir:

I am the beneficiary of a foreign labor certification application filed on xxxx. After the application was selected for Audit, all the relevant supporting documentation requested was sent to the Department of Labor within the 30 day period window. Months have passed since responding to the Audit and any inquiries to the Department of labor have gone unanswered or have been addressed without any specificity.

This backlog is affecting our professional and personal lives in that...( I need some help on this section to come up with template text)

We ask your counsel and cooperation in helping expedite the hundreds of pending applications chosen for Audit. We have followed all procedures diligently and request the Department of Labor adjudicate our cases in a timely and prompt fashion.

Sincerely,



__________________________________________________ _______________

usirit, thanks for pointing it out, I think you are right, I didnt catch that.


All,
We got a comment from one of the IV admin and his word echo what gcinnyc said in his comment (http://immigrationvoice.org/forum/showpost.php?p=251227&postcount=248) that the last paragraph sounds a bit harsh...

"Even though people suffering are frustrated, the letter should convey the frustration in a better way. You may want to look at drafts used by IV for its admin fixes campaign early this year."

and

"The letter must try to get a sympathetic ear of the agency rather than challenge or accuse the agency.You must present a human side in the letter showing how it is affecting your life, profession..."

I will try to dig up some old letters in spare time, but if someone has suggestions please feel free to take a stab at the letter.

Remember: Its OUR voice, not mine, not the lawyers, or anyone alone. Lets contribute!!

[snathan]

HelloMMS;

Can you check on the last paragraph "...We ask that you recommend appropriate disciple for those responsible...."? Shouldn't be "discipline action"?

Other than this I think that we are Ok!

Thank you for your great assistance....

disciple - i guess it means appropriate follow up. I dont think discipline to be used here.

[gcinnyc]

disciple - i guess it means appropriate follow up. I dont think discipline to be used here.

I think the letter does intend to mean "discipline".

disciple is a noun not a verb and is a typo I think.

[GCwaitforever]

Dear Sir/Madam,

Sub: Extensive Audit Delays during the Foreign Labor Certification Process (PERM)

I am the beneficiary of a foreign labor certification application filed on mm/dd/yyyy. This application is being audited by Department of Labor. We responded to the audit questions by supplying all relevant supporting documentation to the Department of Labor within the prescribed 30 days period. Months have passed ever since, and our inquiries to the Department of labor regarding final resolution of the audit process either have gone unanswered or have not been addressed with specific details.

Discussing with fellow would-be-immigrants, I came to know that many of them are in similar situation and my petition is not the only one pending a resolultion for the audit queries.

This backlog is affecting our professional and personal lives in that...( I need some help on this section to come up with template text)
...
... personalized story ...
...

We ask your counsel and cooperation in expediting these long-waiting applications chosen for Audit. We followed all procedures diligently and strived to answer all audit queries. We request the Department of Labor to adjudicate our cases in a timely and prompt fashion.

Sincerely,

[puskeygadha]

Hi Is the letter ready?

[puskeygadha]

5/29/2008: Some Positive News on PERM Cases on Appeal/Motion

* AILA has reported that approximately out of 900 cases which had
been denied and either appealed or filed motion for reconsideration,
OFLC has decided to return approximately 350 cases back to the PERM
processing queue based on their determination that these cases could
have been denied in "clear error." The AILA has been working hard to
work with the OFLC on this in the form of a pilot project and deserves
a big hats-off for the job well-done.

[usirit]

Would it be possible to decide on one letter so it can be sent no later than Monday June'2nd? We now have two styles... don't take me wrong I like both but we were so close on having one ready... let's get back to work on one style and have it ready so it can be sent Monday...

Your thoughts?



Hello All:
I gave the letter a whack. Feel free to edit. Like I said earlier, we want them to be sympathetic to our cause and not make them defensive.

__________________________________________________ _______________

Re: Complaint of Extensive Audit Delays during the Foreign Labor Certification Process (PERM)


Dear Sir:

I am the beneficiary of a foreign labor certification application filed on xxxx. After the application was selected for Audit, all the relevant supporting documentation requested was sent to the Department of Labor within the 30 day period window. Months have passed since responding to the Audit and any inquiries to the Department of labor have gone unanswered or have been addressed without any specificity.

This backlog is affecting our professional and personal lives in that...( I need some help on this section to come up with template text)

We ask your counsel and cooperation in helping expedite the hundreds of pending applications chosen for Audit. We have followed all procedures diligently and request the Department of Labor adjudicate our cases in a timely and prompt fashion.

Sincerely,



__________________________________________________ _______________

usirit, thanks for pointing it out, I think you are right, I didnt catch that.


All,
We got a comment from one of the IV admin and his word echo what gcinnyc said in his comment (http://immigrationvoice.org/forum/showpost.php?p=251227&postcount=248) that the last paragraph sounds a bit harsh...

"Even though people suffering are frustrated, the letter should convey the frustration in a better way. You may want to look at drafts used by IV for its admin fixes campaign early this year."

and

"The letter must try to get a sympathetic ear of the agency rather than challenge or accuse the agency.You must present a human side in the letter showing how it is affecting your life, profession..."

I will try to dig up some old letters in spare time, but if someone has suggestions please feel free to take a stab at the letter.

Remember: Its OUR voice, not mine, not the lawyers, or anyone alone. Lets contribute!!

[amirani]

yes guys lets pick one and finalize on letter...still we need to decide about the date on which we all will be mailing the letter...

[m.anderson]

I'm with you amirani, the more we wait, the worse the backlog will be. Lets plan on mailing the letters sometime next week (its recommended that we do it on the same day)

[amirani]

any update on letter?

[ousepe]

EB3/ India

Atlanta Processing

PERM Filing Date: 29 Nov 2007
Audit: yes
Audit Reply: 21 Jan 2008
Status: pending (as of June 2008)

Sigh.

[windycloud]

I think the letter IS ready. I don't think it has to be the exact version for all letters, and I don't think the inspector would mind a misused word or two. After all we aren't immigration lawyers and nor do they expect us to write like one. I say we pick a version, complete and sign and off it goes to the inspector. Before we start doing that none of this work counts for anything.

Let's do it TODAY. It's about time they hear from us! :mad:

[doknek]

I agree. Lets try to do it ASAP...

[waiting2007]

I came here today...So where is the letter. We should send it today....

[windycloud]

I came here today...So where is the letter. We should send it today....

Flip a couple of pages back in this thread and you'll see drafts and a download link as well.

[waiting2007]

OK...So everybody is going to use ver3..Should we send it today..tomorrow..when:confused:.

[windycloud]

Is this where everyone is kinda waiting for the first guy to jump? I'll do it. My letter will be in the mail by tomorrow morning.

[waiting2007]

My letter too in mail by tomorrow...Shell we do FedEx overnight....

All
Please sign it today and have it in mail by tomorrow so that it should reach by Wed.

[windycloud]

I'll do regular mail with a delivery confirmation. If you want it to look more serious you can do a certified mail with return receipt.

[waiting2007]

Agree:
Will do regular mail with a delivery confirmation...Common guys...Let's start it...Tomorrow after posting letters please confirm that you have done so...

Please do it..

[doknek]

Please post the final version on a new thread or on first page of this thread with instructions....It should be easy to find.

And v3 of the letter is all messed up and in pdf format...no way to input your data...Can't we do it in a MS Word file?

[waiting2007]

Who has the doc version...I tried to copy from PDF to organize it better but it doesn't allow me to copy....

doknek:
Excellent suggestion but I don;t know who can post it to the master thread....Anyone???

[amirani]

hold on guys..i think hellomms is the owner of this thread...


hellomms, can u pls comment on the final letter?

pls plan to send letter on same day...3-4 letter per day wont make any diff. for them...

[msp07]

EB3/ India

Atlanta Processing

PERM Filing Date: 29 Nov 2007
Audit: yes
Audit Reply: 20 Dec 2007
Status: pending (as of June 2008)

[saggita]

When MS Doc file is ready, I will mail it.

[m.anderson]

Yes, let wait for hellomms to post the final version (hopefully today) with instruction to when to send it. I recommend certified mail via usps so most of the letters arrive on the same day.

[usirit]

I am also on the waiting list for the final version... agreed on sending it via USPS (certified mail)

[12samanta]

I am also on the waiting list for the final version... agreed on sending it via USPS (certified mail)

[waiting2007]

I think we can pull it off...Folks please involve as many people as you can..We just don't want to miss if something happens ( remember july07 fiasco...:D)

[waiting2007]

78...wooo...and counting....100 is not far...Folks could you please persuade one of your coworker at your company who is in this rut..:)

[worriedsoul]

The third version of letter is the one with personalized story posted by GCWaitForever ? What are you guys going to write in that "personal story". I wouldn't know what to write. Any ideas would be appreciated. Or may be we could come up with a standard letter for everybody.

[WaitingBoy]

Hi Guys
I have been thinking about it the same thing. What to put in that personal story stuff.
Any ideas would be welcome.

AJ

[windycloud]

Yes, let wait for hellomms to post the final version (hopefully today) with instruction to when to send it. I recommend certified mail via usps so most of the letters arrive on the same day.

Ok I can wait a bit longer if everyone thinks it's better to send the letter out around the same time. I need a couple of days to finalize my application package for Canadian immigration anyway. And needless to say why I'm doing it. This is beside the point here, but even canada is revising their immigration policies. No application flied after Feb has been touched. This is just a terrible year for immigration so far...more so for some than for others.

[sparky123]

any updates?

[snathan]

Ok I can wait a bit longer if everyone thinks it's better to send the letter out around the same time. I need a couple of days to finalize my application package for Canadian immigration anyway. And needless to say why I'm doing it. This is beside the point here, but even canada is revising their immigration policies. No application flied after Feb has been touched. This is just a terrible year for immigration so far...more so for some than for others.

Can you send me your number in pvt msg. I am also thinking to start canadian immigration process.

the DOL is starting the investigation for some of the major law firms. how its going to affect our process. any thoughts?

is it the right time to send the letters or we are inviting the devil?

[saggita]

snathan,

What's the source about DOL's investigation? Is it related to the delayed audit cases?

[saggita]

I found the link:

http://www.aila.org/content/default.aspx?docid=25572

It doesn't seem to give us positive effect.

[Humhongekamyab]

I think this Fragomen audit of all applications filed by it (must be in thousands) http://news.yahoo.com/s/usnw/20080602/pl_usnw/u_s__department_of_labor_auditing_all_permanent_la bor_certification_applications_filed_by_major_immi gration_law_firm could be the reason for delay. The news just came in this morning but I am sure DOL must be working on this for weeks/months.

As the DOL has to spend it resources on applications, which might not need an audit, this could be a factor in the delay of the other applications.

[ylee94]

About the investigation:

1. The article said that they began the audit.
I hope they put the law firm's cases at end of the queue.
Otherwise, it is unfair for us who has been waiting for months.

2. Perhaps, they already began the audit.
But they should have finished H2 A/B cases now.
I just hope that they put the resources from H2 A/B cases to our cases.

Let's pray for the best.

[windycloud]

My two logical guesses:

1. They work on clearing out the existing audits before they start with this massive batch. FIFO they call it? but we already know that they actually understand little about that concept.

2. We are all mixed in this muddy swamp now. No priorities, no timeline.

Either way I guess DOL can't ignore the audited cases anymore...or will they? With these incredible people we never know.

[saggita]

What about DOL needs some excuse to avoid blames? Since all PERM moved to Altanta and they might not really have enough resource to handle all of cases. They might need something to take the blame. So they can buy some time and keep their slow work speed.

I don't believe they will take this as FIFO. Now they have an official legitimate reason so even though we send our letters, they won't show any interest. They don't need to even worry about lawsuits.

[waiting2007]

Are we not going to send the letters...we are drifting from the topic here....All we need is to focus on our situation and not come up with assumptions...Guys why you are not sending the letter..:confused:

[usirit]

Well, I won't just wait for DOL to have a peaceful morning in order to be able to send my letter; I am sure that they won't wait either when our time runs up.

In my opinion, we already spent time play around a lot on trying to create a lawyer-style letter when the bottom line is to bring DOL attention to our "ENDLESS DELAY".

So, my letter will go out individually with the version-3 template on Friday via USPS (using Certified Mail)... hope to hear from other ones joinning me. We are on our LEGAL right to ask for explanations and fixes. :mad: Frustrated!!!

Are we not going to send the letters...we are drifting from the topic here....All we need is to focus on our situation and not come up with assumptions...Guys why you are not sending the letter..:confused:

[amirani]

wht i understood from tht news is DOL is going to do more audits in future...i dont understand hw its related wid our cases or hw its going to benefit us....v need to stick to our plan...

[windycloud]

So, my letter will go out individually with the version-3 template on Friday via USPS (using Certified Mail)... hope to hear from other ones joinning me. We are on our LEGAL right to ask for explanations and fixes. :mad: Frustrated!!!

I think this is a great call. How about we make Friday the day? I'm in.

3 days should be enough for anyone to get a one page letter ready based on what we already have.

[amirani]

Ok usirit...my letter also wll go wid same template on friday...i m going to mention my case # too in letter...

though,I am still in and I wll b sending letter again whnever v decided to send it in bulk.

[m.anderson]

Where are you hellomms? I don't see the enthusiasm to finish the letter anymore. Is it almost finished?

[waiting2007]

I am in too...Sending letter by friday...guys don't wait for a final version..I think it is not going to happen. Just take whatever template is given, modify it and send it...BUT DO SEND IT BY FRIDAY...may be a single sentence like why my case is in limbo after so long is sufficient to convey that they have to respond.

[windycloud]

This has been stretched long enough. I bet some aren't even following this thread anymore. The longer we wait the fewer will do it. We'll end up sending like 8 letters.

[usirit]

I really don't know what happened to HELLOMMS and SNATHAN who were leading this thread; I am sure they are caught with something else :confused: but time is running for everyone else and we have gotten so close to just let it die.

So, letters will be sent out Friday June'6th, 2008 via USPS (regular Post Office) using the Certified Mail service; we will be using template version 3 and the Case # will be included as you wish. (...I will!!! in order to at least make them look at it -for good or for bad-)

Thank you for your quick replies.....

[m.anderson]

where is the template version 3? Please provide the link

[windycloud]

Ok I'm posting this on trackitt:


For those who have been stuck in Atlanta audit, the good news is you are not alone. And it’s time for ALL OF US to take some action. Based on the suggestion of a reputed immigration attorney, many of us are going to send letters to DOL Inspector General, presenting him with this issue and requesting attention and solution. Many people have been working on this action plan. We will all mail this letter on FRIDAY, JUNE 6th.

No one else can or will help us other than ourselves. So please join us in this motion. You can find a couple versions of the draft letter and more information here in this thread, question and discussion welcome:

http://immigrationvoice.org/forum/showthread.php?t=18853&page=19

[usirit]

Ok!... Just don't let me out because I am stuk in Chicago's audit... so add Chicago or leave it open... also add that is "...for those dealing with a Labor Certification and has been auditted or not..."

Ok I'm posting this on trackitt:


For those who have been stuck in Atlanta audit, the good news is you are not alone. And it’s time for ALL OF US to take some action. Based on the suggestion of a reputed immigration attorney, many of us are going to send letters to DOL Inspector General, presenting him with this issue and requesting attention and solution. Many people have been working on this action plan. We will all mail this letter on FRIDAY, JUNE 6th.

No one else can or will help us other than ourselves. So please join us in this motion. You can find a couple versions of the draft letter and more information here in this thread, question and discussion welcome:

http://immigrationvoice.org/forum/showthread.php?t=18853&page=19

[usirit]

Below is what I am considering template version 3; so make sure to replace the header, the application date on the first paragraph and stamp your signature at the very end.


*************************************

Your Name
Your Street Address
Your Apartment Number
City, State 12345
Case #

June 6, 2008

Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 2010

Sub: Extensive Audit Delays during the Foreign Labor Certification Process (PERM)

I am the beneficiary of a foreign labor certification application filed on mm/dd/yyyy. This application is being audited by Department of Labor. We responded to the audit questions by supplying all relevant supporting documentation to the Department of Labor within the prescribed 30 days period. Months have passed ever since, and our inquiries to the Department of labor regarding final resolution of the audit process either have gone unanswered or have not been addressed with specific details.

Discussing with fellow would-be-immigrants, I came to know that many of them are in similar situation and my petition is not the only one pending a resolution for the audit queries. This backlog is affecting our professional and personal lives.

We ask your counsel and cooperation in expediting these long-waiting applications chosen for Audit. We followed all procedures diligently and strived to answer all audit queries. We request the Department of Labor to adjudicate our cases in a timely and prompt fashion.


Sincerely,

*************************************************

where is the template version 3? Please provide the link

[msp07]

Hi,

this template looks good. my question is do we have to send this letter individually on Friday june 6, 2008 via USPS registered mail..? please reply with your answer.

Thanks,

[amirani]

Hi,

this template looks good. my question is do we have to send this letter individually on Friday june 6, 2008 via USPS registered mail..? please reply with your answer.

Thanks,

Yes, we are planning to send letter individually...

[m.anderson]

Attached is the final letter that should be sent this Friday via usps certified mail. Just add your name, address and case number, print it and mail it out.

In the second paragrapgh i kept these lines since its shows that we've been monitoring this.

"We have a reason to believe that the Department of Labor is no longer processing cases selected for the Audit, and there are hundreds of cases
that are pending due to the Audit. This is unfair and unreasonable "

Lets hope for the best and lets hope Mr. Gordon could help us out.

[m.anderson]

Your Name
Street Address
Apt Number
City, State, 12345,

Case#

June 6, 2008

Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC, 20210

RE: Complaint of Extensive Audit Delays during the Foreign Labor Certification Process

Dear Sir:

I am a beneficiary of Foreign Labor Certification (PERM) application filed on mm/dd/yyyy at the Atlanta/Chicago office (pick one). This application is being audited by Department of Labor. We responded to the audit questions by supplying all relevant supporting documentation to the Department of Labor within the 30 day period. Months have passed and our inquiries to the Department of Labor regarding final resolution of the audit process have either gone unanswered or have been addressed without any specific details.

Discussing with fellow would-be-immigrants, I came to know that many of them are in similar situation and my petition is not the only one pending a resolution for the audit queries. We have a reason to believe that the Department of Labor is no longer processing cases selected for the Audit, and there are hundreds of cases that are pending due to the Audit. This is unfair and unreasonable.

This backlog is affecting our professional and personal lives and we ask your counsel and cooperation in expediting these applications chosen for Audit. We followed all procedures diligently and strived to answer all audit queries. We request the Department of Labor to adjudicate our cases in a timely and prompt fashion.

Thank you in advance for your assistance in this matter and we will look forward to your reply.

Sincerely,

Your Name

[rsdang]

Fellows,

We all had a sigh of relief when we saw the new labor certification process (Perm) and were promised that it will be much faster and smooth. Thankfully they have kept their promise, for the most part, except for the cases that get audited.

The cases that are 'randomly audited' have been pending for months and months, some cases (Trackitt) have been pending for over an year and there have been no response from DoL what so ever. I understand that a year does not sound bad especially to those folks who had their labor approved through the old process but these days the labor is getting approved within 50-60 days (average). It appears that the DOL (Atlanta Processing Center at least) does not bother to look at the documents once the audit has been replied to.

Although I understand that not everyone uses Trackitt and some audit replies may have been replied sooner and were never reported to Trackitt but you can get the idea just by a sample of the cases that were audited, and see that they have being neglected, ignored or appears that they are no longer considered for further processing. I have seen instances where the lawyers have retreated the application in the audit and filed a new application (a gamble) hoping that it does not get audit this time around. But not sure how that turned out.

If you visit the Atlanta Perm section on Trackitt you will see the people's misery I mention here. In fact, I am sure that there are number of IV members who are going through this aggravating process but are silent becuase they know that can not do anything. Even lawyers have shown the sign of disappointment to this hopeless condition.

So I ask you, Members of IV, to help us and suggest something that (we) can be done to bring this to the attention of some sort of authority that would help trigger the review of Audit responses.

Thank you!

Updates:
We have decided to make this thread a place where all the Perm Auditees come and show their support. As of now we are gathering people here to estimate how many people are out there suffering the delays caused by Perm Audit. I have added a poll which is a way for us to estimate the number of people who will support any action that we take to make our voice heard.


Have you guys tried opening a case for the Ombudsman to follow up on your case using the Form 7000 something on their site? Any results?:confused:

[usirit]

Your Name
Street Address
Apt Number
City, State, 12345,

Case#

June 6, 2008

Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC, 20210

RE: Complaint of Extensive Audit Delays during the Foreign Labor Certification Process

Dear Sir:

I am a beneficiary of Foreign Labor Certification (PERM) application filed on mm/dd/yyyy at the Atlanta/Chicago office (pick one). This application is being audited by Department of Labor. We responded to the audit questions by supplying all relevant supporting documentation to the Department of Labor within the 30 day period. Months have passed and our inquiries to the Department of Labor regarding final resolution of the audit process have either gone unanswered or have been addressed without any specific details.

Discussing with fellow would-be-immigrants, I came to know that many of them are in similar situation and my petition is not the only one pending a resolution for the audit queries. We have a reason to believe that the Department of Labor is no longer processing cases selected for the Audit, and there are hundreds of cases that are pending due to the Audit. This is unfair and unreasonable.

This backlog is affecting our professional and personal lives and we ask your counsel and cooperation in expediting these applications chosen for Audit. We followed all procedures diligently and strived to answer all audit queries. We request the Department of Labor to adjudicate our cases in a timely and prompt fashion.

Thank you in advance for your assistance in this matter and we will look forward to your reply.

Sincerely,

Your Name

Nice upgrade 'M.ANDERSON'...

[usirit]

Have you guys tried opening a case for the Ombudsman to follow up on your case using the Form 7000 something on their site? Any results?:confused:

RSDANG, I have found the "DHS Form 7001" at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm but haven't found anything for DOL yet... I'll keep looking, thanks for the advice... If you have more specific info please post it in a new thread....

[usirit]

RSDANG, I have found the "DHS Form 7001" at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm but haven't found anything for DOL yet... I'll keep looking, thanks for the advice... If you have more specific info please post it in a new thread....

RSDANG, Going forward with your advice, I've found that our addressee letter, the Inspector General, has the Ombudsman functions per http://en.wikipedia.org/wiki/Ombudsman definition:

An ombudsman (English plural: ombudsmans or ombudsmen) is an official, usually (but not always) appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. In some jurisdictions, the Ombudsman is referred to, at least officially, as the 'Parliamentary Commissioner' (e.g., the West Australian state Ombudsman). The word ombudsman and its specific meaning, Norse in origin, has since been adopted into English as well as other languages, and ombudsmen have been instituted by other governments and organizations such as the European Union.

An ombudsman need not be appointed by government; they may work for a corporation, a newspaper, an NGO, or even for the general public. In some countries, an Inspector General may be the same as or have overlapping duties with a government-appointed ombudsman.

[worriedsoul]

Since Snathan and Hellomms have initiated this whole idea, I think it is unfair to leave them out. I understand that all of us are frustrated and would like to take an action as soon as possible.

Snathan and Hellomms ,
Do you agree that every one should send the letter out by Friday ? Have any suggestions. Let us know.

[m.anderson]

snathan, hellomms,

After we mail out the letters, would you please keep Mr. Gotcher on board as we might need his help later on. Also let us know what you think of the letter in post#337. I think we should make it final and mail out the letter this Friday.

[doknek]

Your Name
Street Address
Apt Number
City, State, 12345,

Case#

June 6, 2008

Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC, 20210

RE: Complaint of Extensive Audit Delays during the Foreign Labor Certification Process

Dear Sir:

I am a beneficiary of Foreign Labor Certification (PERM) application filed on mm/dd/yyyy at the Atlanta/Chicago office (pick one). This application is being audited by Department of Labor. We responded to the audit questions by supplying all relevant supporting documentation to the Department of Labor within the 30 day period. Months have passed and our inquiries to the Department of Labor regarding final resolution of the audit process have either gone unanswered or have been addressed without any specific details.

Discussing with fellow would-be-immigrants, I came to know that many of them are in similar situation and my petition is not the only one pending a resolution for the audit queries. We have a reason to believe that the Department of Labor is no longer processing cases selected for the Audit, and there are hundreds of cases that are pending due to the Audit. This is unfair and unreasonable.

This backlog is affecting our professional and personal lives and we ask your counsel and cooperation in expediting these applications chosen for Audit. We followed all procedures diligently and strived to answer all audit queries. We request the Department of Labor to adjudicate our cases in a timely and prompt fashion.

Thank you in advance for your assistance in this matter and we will look forward to your reply.

Sincerely,

Your Name

Go ahead and create a new thread (final letter to send out or something) and put your letter template over there and if you update it, just edit your first post. Doing that will make it easy to find.

[snathan]

snathan, hellomms,

After we mail out the letters, would you please keep Mr. Gotcher on board as we might need his help later on. Also let us know what you think of the letter in post#337. I think we should make it final and mail out the letter this Friday.

Sure...just make sure every one sends letter on the same day. I updated Ron that letters are going on Friday.

[usirit]

Since Snathan and Hellomms have initiated this whole idea, I think it is unfair to leave them out. I understand that all of us are frustrated and would like to take an action as soon as possible.

Snathan and Hellomms ,
Do you agree that every one should send the letter out by Friday ? Have any suggestions. Let us know.

WORRIEDSOUL:
SNATHAN is aware of the thread as you can see on the previous post :); in regards of HELLOMMS :confused:, we have ask for him/her on this thread; I even sent him/her and e-mail but last appearance on IV was 05/29/08 @ 12:04 PM.... hopefully will show up on time for Friday June'6th submission of the letter!

[usirit]

Sure...just make sure every one sends letter on the same day. I updated Ron that letters are going on Friday.

Thank you for keeping Ron updated with the evolution and for posting... ;)

[usirit]

Go ahead and create a new thread (final letter to send out or something) and put your letter template over there and if you update it, just edit your first post. Doing that will make it easy to find.

DOKNEK, Thank you for the tip.... the Template has been posted as a new Thread 'Template letter for Friday June 6th, 2008 - PERM Audits & Endless Delay' @ http://immigrationvoice.org/forum/showthread.php?p=252853#post252853

[usirit]

Please post about this effort on all websites and try to get as many people possible. More number of letters will make more impact. Adding your case number in the letter is recommended.

If any of your employer is also willing to write a letter, it will be great.



Good luck and thank you hellomms for leading this effort.

PAPPU; Great suggestion...!!!!! I hope everyone's case # is on the letter (mine will); but I know that someones are worried about exposing it, although an annonymous letter wouln't help their specific case immediately, it will help our whole case.

Do you think an employer letter version of the one that we are sending (http://immigrationvoice.org/forum/showthread.php?t=19432) will work ok? I think that if we create a template for it we can have it going out in the next week....

[m.anderson]

Good Job usirit.

Hi all,

1- when mailing out the letter (refer to post# 350), don't forget to sign it.

2- If you know people in the same situation, please let them know. The impact will be greater when more letters are mailed out. So far we're close to 100 (number is taken from poll results, Yes and Maybe). I'm sure others will join as well if they are aware of this thread.

[snathan]

Good Job usirit.

Hi all,

1- when mailing out the letter (refer to post# 350), don't forget to sign it.

2- If you know people in the same situation, please let them know. The impact will be greater when more letters are mailed out. So far we're close to 100 (number is taken from poll results, Yes and Maybe). I'm sure others will join as well if they are aware of this thread.

Why there are 21 guys voted for No...they dont want perm or what

[windycloud]

Posted quite a few as comments on the recently updated PERM cases in the tracking table.

[karim_pandu]

I am also in the same boat. Please count me in sending the letter to DOL on friday. I presume we all are sending individually right?

[usirit]

I am also in the same boat. Please count me in sending the letter to DOL on friday. I presume we all are sending individually right?

Great!!!! KARIM_PANDU;

Thank you for asking, it gave me the opportunity to update the Template thread to show that it will be sent individually.

http://immigrationvoice.org/forum/showpost.php?p=252855&postcount=350

[hellomms]

usirit, m.anderson, everyone,

Great job on the letter, it looks wonderful :)

I am sorry for being inactive lately and didn't get involve in the final drafts of the letter, been working pretty late and almost forgot that I had filed for PERM (it was good not to think about it)

But I am thankful to all of you who participated in this drive and made this happen. I am onboard with the June 6th post day. I will do my part and will be sending one shortly.

Once again thank you to all of you who took over where I left and helped carry it to the end.

Cheerios!

[usirit]

usirit, m.anderson, everyone,

Great job on the letter, it looks wonderful :)

I am sorry for being inactive lately and didn't get involve in the final drafts of the letter, been working pretty late and almost forgot that I had filed for PERM (it was good not to think about it)

But I am thankful to all of you who participated in this drive and made this happen. I am onboard with the June 6th post day. I will do my part and will be sending one shortly.

Once again thank you to all of you who took over where I left and helped carry it to the end.

Cheerios!

It's good to have you back... :)

[m.anderson]

Great. Glad to have you back Hellomms. More and more people are joining, so thats a good thing. Lets hope for the best.

[puskeygadha]

Will the company be contacted after we send letter?

[usirit]

Will the company be contacted after we send letter?

I don't quite know, if that is part of the process of being certified... I guess it will!

[snathan]

Guys,

Have a word with your employer before proceeding further. You need their support if there is any issues

[amirani]

usirit, m.anderson, everyone,

Great job on the letter, it looks wonderful :)

I am sorry for being inactive lately and didn't get involve in the final drafts of the letter, been working pretty late and almost forgot that I had filed for PERM (it was good not to think about it)

But I am thankful to all of you who participated in this drive and made this happen. I am onboard with the June 6th post day. I will do my part and will be sending one shortly.

Once again thank you to all of you who took over where I left and helped carry it to the end.

Cheerios!

its gr8 to hv u back...

[hopefulgc]

Posting on this thread too.

---------
Labor certification is an employer initiated petition.

While you maybe the beneficiary, only the employer would be allowed to initiate any communication regarding possible delays.

I just wanted to bring this to your attention. Maybe you can have your employer send this out. Possibly more effective that way.

[luza]

Hello guys,
I am sending the letter too and will include the case #.

[worriedsoul]

Now that I have read the post my hopefulGC, it kind of makes more sense to have the employer contacted DOL, as technically petitioner is employer and it's their case not ours. In that situation, 1. we will need to re-write the letter again from employer's prespective, 2. will employers be willing to sign the letter 3. we will not be able to mail the letter out for a while if we decided to go through employers. Should we at least let our employer know that we will be sending this. Don't know what to do :(

[puskeygadha]

Employer sending is
out of question. Will DOL contact them if they found that
I sent it.

May be I shuld send it anyway..

how many of you are sending without asking employer..also
are you guys FRAGOMEN client??

[Consultant]

Fragormen recently responded to an audit for my PERM application. I applied as not substantially comparable to the position candidate and the comment from the CO was that my job descriptions looked similiar. I worked with my manager to differienciate the position in more detail. Does anyone no what my chances would be for not substantially comparable to the position candidate? I'm stuck and lost and I feel that Fragormen did not review my case as thoroughly as they should be. :(

[hellomms]

how many of you are sending without asking employer..

I am sending without asking employer. I am still not sure if I will add my case number but I am definitely sending the letter.

[snathan]

Employer sending is
out of question. Will DOL contact them if they found that
I sent it.

May be I shuld send it anyway..

how many of you are sending without asking employer..also
are you guys FRAGOMEN client??

There is lots of if and but in this process. But every one is waiting for more than a year and have to take a bit of risk. Just consult with your employer though there wont be any negative impact. Also you already got audited, so nothing to worry. If your case is clean there is no reason to panic. Gathering all the employer and make them to write a letter to DOL is a herculean task. Just forget about it.

Remeber, you are the one suffering. NOT the employer

[m.anderson]

I don't think the employer gives a damn about your case. Trust me, the employer would start telling (oh, don't do it, it won't help your case ...etc) pretty much bull-shit and make you afraid. The longer it takes for you to get the GC, the happier the company is. We all got nothing to lose. Worst case, they deny your perm and you file again (your chances might be better the next time and get approved without an audit).

If this doesn't work, we should all go and protest outside the DOL or the white house. This is getting ridiculous and its pissing me off. You do everything in your life legally and you get screwed. Don't consult anyone and do it. Be brave. When we all came to the U.S, we didn't know anything and built everything from scratch. This is your case, your life, so have a strong heart and do it.

[amirani]

I don't think the employer gives a damn about your case. Trust me, the employer would start telling (oh, don't do it, it won't help your case ...etc) pretty much bull-shit and make you afraid. The longer it takes for you to get the GC, the happier the company is. We all got nothing to lose. Worst case, they deny your perm and you file again (your chances might be better the next time and get approved without an audit).

If this doesn't work, we should all go and protest outside the DOL or the white house. This is getting ridiculous and its pissing me off. You do everything in your life legally and you get screwed. Don't consult anyone and do it. Be brave. When we all came to the U.S, we didn't know anything and built everything from scratch. This is your case, your life, so have a strong heart and do it.

Yep true...if your employer bothered about ur case it shouldnt b in back log...even u wont get any help from ur lawyer who suppose to do followup on ur case wid DOL....

[usirit]

I understand that PERM is an employer initiated process but we are not another piece of furniture being depreciated; we are all human beings fighting to keep our status legal (what a contradiction -fight to keep it legal-!!!) Our employers are enjoying the benefits of a broken system not worrying for illegals in their payrrol, meanwhile our opportunities to grow in the professional area are narrowed every day affecting directly our families :mad:

I respect the law, so my employer is aware of the disrespectful delayed PERM and the letter going out backed up with several other Auditted PERM Holder's letters; however, I am the only one who can take care of myself, so my letter will go out Friday with my case #.

Hope to have Auditted PERM holders support and join me and several others in this request to the DOL.

[doknek]

My letter is going out tomorrow. Already printed it with my details.

Why are people scared to put down their details? We are not threatening, just asking them to address our concern (and it really is our concern, don't you think all about it several times in day, then go to trackitt to see if any audit cases are being approved, etc.)

No matter what you want to do, PLEASE send out the letter in a timely manner. Only group effort will get us results in a scenario like this.

[afordham]

My first post - I'll be sending letter tomorrow.

[SA_07]

I'm also waiting for an audit response to be processed from Atlanta.

Original Perm Applied: 10-8-07
Audit notification: 11-28-07
Audit response: 12-5-07
Category: EB3
Field of Work: Non-IT (finance)

Still waiting.

[usirit]

Letter printed and ready to go out tomorrow.

[amirani]

same here, its printed wid case # n wll go tomorrow....

[m.anderson]

same here. Looks like we are all ready to mail it out tomorrow. If you know someone in the same position, please let them know regarding this letter so they could do the same. Also, once you mail the letter, please post again tomorrow so we could get an accurate number of the number of people who mailed it

[coldcloud]

I will also be sending out tommorow.

[hellomms]

Dont forget to send the letter tomorrow!

Lets keep our fingers crossed - I hope we get fruitful results.

[puskeygadha]

I am also sending

[Consultant]

Original Perm Applied: MAR 2008
Audit notification: MAY 2008
Audit response: JUNE 2008
Category: EB3
Field of Work: Non-IT (Consulting)

Processing in Atlanta......case is pending

[sparky123]

Is it possible to add a poll to track how many letters are sent?

[hellomms]

I dont think I can change this thread's poll.

I asked Usirit to add the poll in the following thread - the template thread he created:

http://immigrationvoice.org/forum/showthread.php?t=19432

[m.anderson]

me too, the letter was mailed in the morning.

[usirit]

A poll has been added to the Template's Thread http://immigrationvoice.org/forum/showthread.php?t=19432 please go there and vote if you have sent your letter.

Thank you everyone for helping each other...

My letter has been mailed too....

[desireuben]

my letter is ready to go tomorrow. :)

[m.anderson]

If you've sent the letter, please update the poll (see post#388).

[amirani]

m 2 sent letter...lets hope tht atlst DOL wll reply...

[ola]

I just saw this message. Can my case be included in this list as well? Please let me know what I need to do.

Thanks.

[ola]

Can you please include me in the list?

[snathan]

Go ahead and send the letter.

[desireuben]

What list ? there is no list. we are encouraging everybody to send the letter to DOL.
Can you please include me in the list?

[mmandal]

#1. If you havent heard from DOL for a length of time, pursuing an FOIA application may be worthwhile. Please note that there are several exclusions to an FOIA, but if you write your application carefully you can avoid several of them. PLease note, that an FOIA will only provide with data about your file, but in a figurative sense it may trigger an alarm on your pending case.

#2. It is possible to pursue a writ of mandamus in a federal district court. The writ of mandamus is a way of forcing the government to act on an application for a benefit that is available by statute. It will not give you an approval but will force action if you get a favorable judgement. Of course you need a willing lawyer and a willing employer for this. If enough of you get together you can ask the court to certify you as a class.

I am reasonably certain that Option #1 has been used successfully. Option #2 is being used extensively on I-485 applications pending FBI name check and naturalization applications.

thanks.

[coolboy]

Perm Filed: Nov 17 2007
Audit Answered: Jan 21 2008

Still Waiting for the reply

Company is very big american firm


i asked my attorney to enquire about my case and here is the responce from dol

Here is the response to the inquiry made on your LC:





Thank you for your e-mail to the Atlanta National Processing Center concerning your case filed under the PERM program.



Case: (#A-xxxxxx) is still in process and official correspondence will be forthcoming.



Applications are processed in the order they are received. Once the Analyst reaches your case in their queue, based on the principles of FIFO (first in first out) it will be reviewed and official correspondence will be issued.

However, because each application is unique, processing times may vary depending on the specific circumstances of the case.



The policy of the U.S. DOL/ETA National Office prohibits the expediting of applications.



We apologize for the delay.



If the case was mailed in, then the employer and representative must await correspondence from this office. If the case was filed online, status of the case may be checked online, by following the directions below.

[coolboy]

Friends , Can you please provide any other ideas how to contact DOL.

[hellomms]

Friends , Can you please provide any other ideas how to contact DOL.

You case has been audit for a VERY LONG time.

Did you send the letter?

[coolboy]

what letter you are talking about?

[sandeepk_c]

what letter you are talking about?
please see this thread

http://immigrationvoice.org/forum/showthread.php?t=19432

[WaitingBoy]

Did anyone hear anything from Audit Statuses being moved or anything.

[usirit]

WaitingBoy...
Unfortunately no changes on our status YET!!! But letters from DOL has been received replying back... Go to http://immigrationvoice.org/forum/showthread.php?p=259277#post259277 for further details

Did anyone hear anything from Audit Statuses being moved or anything.

[thecipher5]

My labor application was filed in Jan 2006 and got audited in April 2006. My company replied back in April and finally it got approved in June/July 2006.

I don't have the specifics around what was done by my company.

I though have a question on the priority date... My company informed me that the priority date on my application is April 2006 though they'd received the application in January 2006 the first time before being audited.

Does anyone know about priority date in such a situation? I think my company is hiding information from me. Even 3 months in PD can make a huge difference!


Good luck to everyone...


thank you!
thecipher5

[bmc]

PERM Filled : 12/07/2007
Audited : Yes Replied on February 2008
Status : Processing No reply at all
Category : EB2
Audit Reason : Business Neccessity .........
Qualification : Diploma in Computer Engineering + 17 years of experience

[usirit]

BMC:
Check and send the Individual Letter that it's being sent by several of us in your same situation; if you review the thread http://immigrationvoice.org/forum/showthread.php?t=19432 you will notice that some of us are receiving responses back for DOL.... although we are still in the same PERM Status!!

PERM Filled : 12/07/2007
Audited : Yes Replied on February 2008
Status : Processing No reply at all
Category : EB2
Audit Reason : Business Neccessity .........
Qualification : Diploma in Computer Engineering + 17 years of experience

[jasonalbany]

I sent a separate letter to Mr. Aaron as recommended by IV group, but I didn't get any responses this time. What else can we do now. The whole audit process is sinking.

[usirit]

No reply yet... let's put together our plan for end of the month.

I sent a separate letter to Mr. Aaron as recommended by IV group, but I didn't get any responses this time. What else can we do now. The whole audit process is sinking.

[H1fromUSA]

Certified Mail

Tracking Number ( USPS ): 7008 0150 0002 1132 7298

[usirit]

Great H1fromUSA... submit your vote in the http://immigrationvoice.org/forum/showthread.php?t=19432 thread and follow up the results.


Certified Mail

Tracking Number ( USPS ): 7008 0150 0002 1132 7298

[H1fromUSA]

I did vote using that URL. Please let us know if there are any approvals after audit ?

[usirit]

Thank you for the vote.

I am not aware of any approval after being audited.

I did vote using that URL. Please let us know if there are any approvals after audit ?

[hellomms]

Guys, just to update you...

there have been some approvals for the cases that were audited. Seems like the cases were one of the first ones that got 'stuck' and never got approved. So seems like they have FINALLY STARTED the review of the audited case, beginning with the oldest ones.

I saw 3-4 cases got updated:

http://www.trackitt.com/usa-immigration-trackers/atlanta-perm-tracker/

[tradahoo]

thanks for the update, hellomms.

best of luck to everyone who is waiting (which includes myself).

[usirit]

Hellomms;

What a relief to hear/read this.... hopefully our cases reach this point sooner than later.

Good luck,


Guys, just to update you...

there have been some approvals for the cases that were audited. Seems like the cases were one of the first ones that got 'stuck' and never got approved. So seems like they have FINALLY STARTED the review of the audited case, beginning with the oldest ones.

I saw 3-4 cases got updated:

http://www.trackitt.com/usa-immigration-trackers/atlanta-perm-tracker/

[H1fromUSA]

"This is the response to your recent complaint to the US DOL, Office of Inspector General (DOL-OIG). You identified yourself as being a beneficiary of a Foreign Labor Certificaion(PERM) application. You reported concerns involving the handling and processing of the PERM application that was filed on your behalf. You report the PERM application was audited by DOL. You reported concerns that DOL is no longer processing cases selected for audit. You also reported concerns that DOL officials have either failed to respond to inquiries regarding the final resolution of the audit process, or your inquiries have been addressed without any specific details.

Based on a review of the information you provided, it appears your concerns involve matters that would be more appropraitely addressed by DOL program management officials. Accordingly, the information you provided has been forwarded to Mr. James Aaron, of the Employment and Training Administration, Office of Foriegn Labor Certification, for further review and any action deemed appropriate. If you have additional complaint materials which you would like to submit with respect to this matter, the mailing address for the Office of Foreign Labor Certification is 200 Constitution Avenue, NW, Room C-4312, Washington, DC, 20210.

Thank you for reporting your concerns to the U.S. Department of Labor, Office of inspector General.


Sincerely,

Marcus S. Eder
Complaint Analysis Officer"

[usirit]

:mad: This has been the standard reply to all of us... but nothing has changed. I am preparing a set of letters to be send out as soon as possible to the same Inspector General as well as to Mr. Aaron in regards of this game that they are having with us.


"This is the response to your recent complaint to the US DOL, Office of Inspector General (DOL-OIG). You identified yourself as being a beneficiary of a Foreign Labor Certificaion(PERM) application. You reported concerns involving the handling and processing of the PERM application that was filed on your behalf. You report the PERM application was audited by DOL. You reported concerns that DOL is no longer processing cases selected for audit. You also reported concerns that DOL officials have either failed to respond to inquiries regarding the final resolution of the audit process, or your inquiries have been addressed without any specific details.

Based on a review of the information you provided, it appears your concerns involve matters that would be more appropraitely addressed by DOL program management officials. Accordingly, the information you provided has been forwarded to Mr. James Aaron, of the Employment and Training Administration, Office of Foriegn Labor Certification, for further review and any action deemed appropriate. If you have additional complaint materials which you would like to submit with respect to this matter, the mailing address for the Office of Foreign Labor Certification is 200 Constitution Avenue, NW, Room C-4312, Washington, DC, 20210.

Thank you for reporting your concerns to the U.S. Department of Labor, Office of inspector General.


Sincerely,

Marcus S. Eder
Complaint Analysis Officer"

[H1fromUSA]

DOL Stakeholders Meeting July 15, 2008
The following information is excerpted from a DOL meeting. The comments are from Rajiv S. Khanna (RSK – me). http://www.immigraton.com
As discussed at recent stakeholders meetings and AILA conferences over the last eight months or so, with the BECs closing, DOL will now be redeploying its resources to focus on parts of the PERM regulation that were not the focus earlier, including audits and supervised recruitment. Limited by the available resources, DOL did not want to create a new processing backlog under the PERM system while it was still working on eliminating the pre-PERM backlog in the BECs. DOL looks forward to implementation of the new PERM/LCA portal which is still scheduled for rollout on January 1, 2009, at which time the new Forms ETA 9089 and 9035 will be launched. In the October/November time frame, DOL will provide public training sessions in a few sites across the U.S. regarding the new portal and the new forms. These sessions will be announced in advance and will likely be at conference centers or other large facilities.
DOL granted a new contract last week to provide contractor support for the Chicago and Atlanta NPCs. The prime contractor is TCE and the subcontractor is High Tech. Approximately 100 contractors per center will be added, with ramp up to begin over the next 30 days. Training is expected to take much longer. The contractors will provide administrative support for the mailroom, data entry, and clerical support; the positions to be filled also include database administrators and lower level analysts who will support federal analysts. Contractor analysts will provide recommendations regarding adjudication, but will not make decisions which are the responsibility of federal staff. There will be quality control by federal employees including spot-checking of work. The new contractor analysts will train on “clean” cases and will diversify to more complicated case types, such as audits, as they go through training and mentoring. DOL expects the NPC staff to be approximately 2/3 contractor, 1/3 federal employees. More information regarding the contract, including scope of work, is available on the DOL website, posted as part of the bid process at http://www.doleta.gov/sga/rfp.cfm.
For implementation of the new portal in 2009 DOL is considering having a Beta test group to help work out the “kinks.” This may include input or testing by software vendors. The new portal will have one registration for the company for both PERM filings and LCAs. Also, the new PERM portal will have a registration for the attorney so the attorney can access all cases through one place, not just through separate client logons.
Both targeted and random PERM audits will continue. Note that once a case has gone into audit, case adjudication will not make the anticipated 60-90 day time frame. The timeframe discussed in the preamble to the regulation is not binding and is irrelevant if there is an audit. Rather, it is a benchmark for “clean cases.” In fact, approximately 70% of all cases filed are decided within 60 to 90 days, although 120 days is a better benchmark for managing client expectations. DOL will not provide any information regarding where/what type of audits can be expected. Audits are a big part of overall program integrity and will not be compromised. Of course there is a balance with program efficiencies, but program integrity is paramount.
DOL recognizes that stakeholders would like many new PERM processes implemented and have legitimate “wishlists” for DOL priorities. DOL is funded by Congressional appropriations without user fees, and cannot implement all of the good ideas it receives. In addition, publishing new FAQs may need to be prioritized below H-2A and H-2B regulations. There were over 11,000 comments submitted regarding the proposed H-2A regulations though only approximately 200 were separately identifiable distinct comments. These must be sorted through and fully considered.
As has been noted previously, LCAs for H-1Bs will be scrutinized much more closely in the future. Please remind clients that DOL may take up to 7 days to review the LCA. It is important for practitioners to reset client expectations for the processing time from 7 seconds to 7 days. Moreover, if alternate wage surveys are provided with a prevailing wage request, it could take even longer. Thus, the days of starting a new H-1B in a couple of days pursuant to a change of employer petition will end. Ramp up on increased LCA scrutiny could be this fall, or could be part of the new portal implementation.
DOL is currently working clean cases with a priority date in April 2008, soon to advance to May 2008.
comments on those regulations and has not yet decided whether to implement that change. If so, DOL will need time to operationalize the change.
B. The following are the general verbal responses to AILA’s Agenda items:
BEC Issues
1. What is the process for obtaining an approval notice for a BEC case that was never received by the employer or the attorney of record, e.g. where the Public Disclosure System (PDS) shows that the case was approved?
Make a request for a duplicate certification through USCIS in conjunction with the I-140 filing. Alternatively, you can make a FOIA request. Please remember that there are no longer any BECs; physical files are now at federal records centers. Case files will be destroyed five years after final adjudication of a case. Practice Pointer: If you need a copy of something from a BEC file, ask for it now! The BEC Public Disclosure System will stay active until the last appeal of a BEC case is complete.
There are approximately 30 BEC cases being worked at the Chicago NPC that have been remanded by BALCA. Approximately 100 more appeals are still at BALCA.
2. Please advise how long it takes for DOL to pull a case from the Federal Records Center in order to respond to e-mails sent to bec.chicago@dol.gov. Example: Following up on a posted denial for
failure to submit a timely response to a NOF, attorney promptly e-mails bec.chicago@dol.gov with evidence of the timely filed response and no receipt of denial. How long for DOL to pull case file and respond to inquiry?
Their goal is to respond by email within 7 days to say they’ve received the inquiry and state whether action will be taken. IF DOL agrees it is appropriate to pull the case file, it takes approximately 30-60 days to receive the file, but could take much longer for action to be taken; timing is case specific and depends on necessary action.
MTR/Appeals
3. Have all of the special “DOL error” cases been pulled and processed from the special queue in the MTR/Appeal queue? If complete, and a member has not yet received
communication on his or her case, should the member assume that it did not make the special queue?
All DOL error cases have been identified by analyst review. Approx 60% of those identified as government error have been worked. That government error queue is currently at cases with a priority date (i.e. PERM filing date) of November 2007. If you have an MTR or appeal pending with an earlier priority date, assume DOL has determined it was not solely a government error. DOL suggests using bright colored paper to flag denials that are in clear error (discussed below).
4. Can you provide any approximate time frame for adjudicating the current MTR/Appeals queue, or, alternatively, approximately the date which you are currently working? Is the date for processing MTR/Appeals the date of filing the labor certification, or the date the MTR/Appeal was filed?
The non-government error MTR/appeal queue is at June 2006. DOL hopes to get the backlog government error queue current by end of year so that cases that come in and are immediately determined by DOL to be government error can immediately be processed. The date of processing the MTRs/Appeals is by the priority date - the date of filing the labor cert. It is not by the date the employer responded to a denial, or by audit date, or by any other date. There are about 400 appeals in the queue in Chicago and 600 in Atlanta.
If case comes back from BALCA with an issue to be worked by the NPC the case will be worked in order of priority date so it will likely go to the front of the processing line. Anticipate 90-120 days for further action, but timing will depend on BALCA instructions.
5. Instead of denying a PERM case for failure to include the employer’s name in the Notice of Posting, thus requiring an MTR/Appeal or refiling, will DOL consider requesting the employer to re-post to remedy the error?
DOL will consider this, but raised some question that they would be able to make an accommodation.
Audits
6. Please provide any updates on the lengthening audit queue in Atlanta. What impact has the Fragomen audit had on the audit queue for non-Fragomen cases? What impact has the Fragomen audit had on the regular processing queue?
DOL will not discuss the Fragomen audit or its impact, but noted that cases are worked in priority date order and the Fragomen cases are in line with the rest of the audit cases. There is only one audit queue. DOL does not maintain separate queues for random and targeted audits. DOL is currently working on audited cases with priority dates of March 2007. If you have a case that is in audit with an earlier PD, please email PLC.Atlanta@dol.gov. If no response within two weeks, contact liaison. Instructions for liaison contact will be posted on InfoNet shortly.

[H1fromUSA]

Please provide any updates on the lengthening audit queue in Atlanta. What impact has the Fragomen audit had on the audit queue for non-Fragomen cases? What impact has the Fragomen audit had on the regular processing queue?

DOL will not discuss the Fragomen audit or its impact, but noted that cases are worked in priority date order and the Fragomen cases are in line with the rest of the audit cases. There is only one audit queue. DOL does not maintain separate queues for random and targeted audits. DOL is currently working on audited cases with priority dates of March 2007. If you have a case that is in audit with an earlier PD, please email PLC.Atlanta@dol.gov. If no response within two weeks, contact liaison. Instructions for liaison contact will be posted on InfoNet shortly.

[usirit]

:(:confused::mad:Frustrated:confused::(:mad:

[worriedsoul]

well.... just talked with my attorney yesterday. She told me the samething that currently they are working on March 07 audit cases. At this time, there is NOTHING we can do but wait. We can neither apply for another position from the same employer or even withdraw our case. They have been working on March 07 cases since eternity and still on March 07 ?. Meanwhile, people whose cases are not audited, are getting approved and by next year when they get their GCs we will be lucky if we have finished our PERM process.
Just wanted to talk about it and you guys are the only ones who will understand the situation so venting here. Hope there is something we can do about this whole situation.
As per my attorney, writing and sending letters won't do any good either. But I think some action is better than nothing and at least they will know that we are still alive here waiting for our applications to be approved.

[kondetisree]

Dear All,

I have applied PERM Labor on 25th May 2007 and I have got an Audit on OCT 2007 time frame and replied on the Same month.

Law firm told me that Audit response has got approved and there is NO problem from Legal end.


Just waiting and Keep my fingers crossed to get the LABOR approved (:-

Thanks
Srikanth

[letstalklc]

Hi Srikanth,

First of all congratulations...Great to see that your perm has been approved.

By the way Did Fragomen applied your perm?

Appreciated your reply.

Thank you.

[orphean]

The US Department of Labor (“DOL”) recently released public notes from a meeting held in New Orleans, Louisiana on July 15, 2008.

In those notes, the DOL indicates that it is currently adjudicating "clean cases" filed in April 2008. A "clean case" is a PERM application that does not contain excessive requirements, fall outside of DOL's suggested job zone classification, use experience gained with the same employer, and so forth. The anticipated adjudication timeframe for "clean cases" is 60 to 90 days.

However, the DOL indicates that any case filed and selected for audit will not be adjudicated within 120 days. The DOL confirms that it is processing audit responses received in March 2007.

The DOL indicates that it has hired more than 100 additional contractor analysts and that it will hire mailroom, data entry, and clerical support for these analysts. This additional personnel should hopefully contribute to faster processing of PERM cases.

Our firm will keep you apprised of future processing time updates as they become available.

[gcfunstarts]

My PERM application was filed on May -15, 2008 and have no response yet.

I was wondering if MOST of the audits are issued in first 60-90 days after filing PERM. Is that true?

My attorney mentioned that I may get an audit as my job requirement is MS+1 year which is more than what most of the positions require for my role. But at the same time I was wondering if I am past the auditing timeframe?

Any comments?

[bondgoli007]

My PERM application was filed on May -15, 2008 and have no response yet.

I was wondering if MOST of the audits are issued in first 60-90 days after filing PERM. Is that true?

My attorney mentioned that I may get an audit as my job requirement is MS+1 year which is more than what most of the positions require for my role. But at the same time I was wondering if I am past the auditing timeframe?

Any comments?
dcfunstarts,

My PERM was filed on May 23rd and I got audited on Jun 9th. I am told that the audit was expected beforehand and the timelines were within 60 days by my Fragomen paralegal.

Audit reason:
The job requirements are beyond those defined for the job by the SOC/O*NET code and Occupation Title provided by the State Workforce Agency.

The response was filed on Jun 30th and I was told that a response is not expected before at least 4 months to 7 months.

----

[gcfunstarts]

dcfunstarts,

My PERM was filed on May 23rd and I got audited on Jun 9th. I am told that the audit was expected beforehand and the timelines were within 60 days by my Fragomen paralegal.

Audit reason:
The job requirements are beyond those defined for the job by the SOC/O*NET code and Occupation Title provided by the State Workforce Agency.

The response was filed on Jun 30th and I was told that a response is not expected before at least 4 months to 7 months.

----

Thanks for your reponse bondgoli007.

So is there possibility that I could get a similar audit or I could have gotten it by now?

[rbalasabarish]

Priority date - 05/30/07

Audit date - 06/12/08 (Random audit as told by my lawyer)

Reply date - 06/29/08

Status - Pending as of 8/18/08 (Chicago processing center)

[bondgoli007]

Thanks for your reponse bondgoli007.

So is there possibility that I could get a similar audit or I could have gotten it by now?
:-) sorry mate, I don't have an answer for that. There doesn't seem to be any rules that govern the timelines or in some cases the reasons for the audits.

I wish you all the best and hope your case gets approved fast but going by rbalasabarish's post above, anything can happen.

[gcfunstarts]

My PERM was filed on 05-15 and received any audit today. Attorney informed me that it is a 'generic random audit'.

Does that mean someone has looked at my application or it is somekind of auto-generated audit. If no one has looked at the application yet, I fear another audit if they have more questions. :rolleyes:

Any response will be greatly apprecited.

[letstalklc]

Hey,

Some one looked at your application.

It's not auto-generated audit.

Ask your lawyer about the audit message....

By the way did your application filed by Fragomen Law firm?

[kondetisree]

Labor Filing Date : 25 MAY 2007

Category : EB2

Audit on : 18 OCT 2007

Replied on : NOV 2007

Till now NO status

[gcfunstarts]

Hey,

Some one looked at your application.

It's not auto-generated audit.

Ask your lawyer about the audit message....

By the way did your application filed by Fragomen Law firm?

My application is not filed from Fragomen. My attorney informed me that it is a regular audit and DOL has asked for job notice and paperwork related to ads that were run for recruitment. HE said they do these to ensure the integrity of the system (which was quite funny for me :)...)

[letstalklc]

Thanks for the update.
Good luck with your audit.

[rbalasabarish]

EB2 chicago processing center

Priority date : May 30 2007

Audit date : 6/13/07

Reply date : 6/29/07

As of 08/28/2008 - My attroney office checked my status and it is still in process

Can any body know whether my application will be in chicago processing center or atlanta processing center?

My lawyer gave me the first page of the audit letter and the original siguratures was in bold letter. My lawyer said it was a random audit

On 6/19/2007 My employer signed the recuritment process was done in correct procedure

I really don't know what to do

[supers789]

any one heard from Fragomen .. when do they expect result of their law suit against DOL ? And if Fragomen wins, how soon will the cases be moved to regular queue or get approved ?

[letstalklc]

I have not heard any thing so far...hopefully I will ask my HR about the status....guys ask your point of contacts at Fragomen (who ever filed through this firm)....

Hope for the best in the next month of september.....

[rajasaab]

PERM Filed - Nov 26, 2007
Audit Recd - Jan 11, 2008
Audit Response Filed - Jan 31, 2008
Audit Response - PENDING Center - Atlanta
Category - EB2 (MS +2 Years) - IT

[letstalklc]

any one heard from Fragomen .. when do they expect result of their law suit against DOL ? And if Fragomen wins, how soon will the cases be moved to regular queue or get approved ?

Helo All,

I have seen some thing about Fragomen in http://www.aila.com/ with the heading "Government Reply Brief in Fragomen Lawsuit", when I click on the link it's saying that restricted page....if any body has login or updates on this please post it here....

Thanks

[iman.karta]

Guys,

I just got a cut and paste news from my attorney. I am not sure whether you guys know about this info already.
But basically the reason why the audit was done because DOL saw how "liberal" employers are by using EB-2 quote for jobs that only requires Bachelor degree.
And the rest is just old news; as up July, they are still wroking on cases with priority date of March 2007.
OK here's the article:

09/03/2008:
Apparent Huge PERM Audit Backlog Affecting "Liberal" Approach of PERM Application

. According to the OFLC, as of July 15,2008, they were processing the audit cases of priority date
March 2007 PERM applications, and the processing queue of the audit cases were determined not
by the dates of the audit notification issuance but by the priority dates, the dates when the PERM
applications were filed. The report did not indicate that they made distinctions in audit processing
queue by the different causes of the audit decisions. Accordingly, presumably, once the audit
notifications are issued for whatever reasons, the cases are likely to go to the end of the pending
audit queue! Such processing backlog should scare the employers in handling new applications.
When there were practically no audits, some employers had taken a very "liberal" approach in
terms of the qualification requirements for the positions. Even though the Job Zone was restricted
to a bachelor's degree, the employers filed their cases in EB-2 requiring a master's degree or
bachelor's degree plus five years of experience, because the risk was minimal at the time
considering a short period of time the OFLC had taken to complete the audit cases. The current
audit backlog and processing time delays have changed the landscape for the PERM strategies
from the liberal approach to the conservative approach owing to the unusually high risk involved
when a case is audited for whatever reasons, forcing the employers to wait for over a year or
longer to get the decisions

[worriedsoul]

it has been a few months we have sent out the letter to IG, but unfortunately most of us are still waiting. Do you guys think may be we should take another step and write a formal letter to the Secretary of Labor, asking for assistance as it has been suggested by Ron Gotcher in May ? Or since audit cases are being processed few and far between, we should just keep waiting. Please post your thoughts.

[windycloud]

Just so you know I managed to have my state congress woman write a letter on my behalf to DOL's congress liaison. A response was received about 30 days later. The response stated my case's history and status and the fact that it will be processed based on it's priority date.

There are things we can do but none will really help. Waiting is our only option.

[tradahoo]

Following is detail of my PERM case:

Date filed - 5/19/2008
Audit received - 5/29/2008
Audit replied - 6/17/2008
Processing center - Atlanta
Filed by - Fragomen
Status - still in process

Let me know what I can do to help myself with my case, and also work as a group to make things better for the audits.

[raghu112]

Everyone has their own sad story.. Just feel like sharing mine.. First applied for RIR EB2 in Mar 04. It went to black-hole (centralized system).. Then applied for PERM in NOv 05. Got approved. But dates backlogged. For 140 approved. Waited for dates to become current for 1.5 years, then changed employer. New employer filed PERM, got denied due to fragomen attorney mistake. Again filed, it went to audit. One more thing... probably different that usual.. Husband qualifies for EB1. But he is not applying.. as in his words "Its very boring... to fill questionaire .. collect documents .. he will do it "tomorrow" " .. Not sure whats up with him, when I am running out of my H1B in 6 months.

anyways!

[worriedsoul]

yesterday was a sad day of my perm anniversary. I hope and pray that it will get certified soon.

[kabphx]

Everyone has their own sad story.. Just feel like sharing mine.. First applied for RIR EB2 in Mar 04. It went to black-hole (centralized system).. Then applied for PERM in NOv 05. Got approved. But dates backlogged. For 140 approved. Waited for dates to become current for 1.5 years, then changed employer. New employer filed PERM, got denied due to fragomen attorney mistake. Again filed, it went to audit. One more thing... probably different that usual.. Husband qualifies for EB1. But he is not applying.. as in his words "Its very boring... to fill questionaire .. collect documents .. he will do it "tomorrow" " .. Not sure whats up with him, when I am running out of my H1B in 6 months.

anyways!

FYI.. You should be able to extend your H1B based on pending PERM. This is the impression i am having. Pls check with ur lawyers.

[mgoenka]

I am stuck with Atlanta Center:

Applied for labor# Dec 10, 2007
Audit Date# Jan 15, 2008
Reply Date# Feb 7, 2008
Status# Pending

[letstalklc]

Guys,

Here is the latest info about audited cases...Great news for all who got audited including Fragomen applicants.

http://www.immigration-law.com/
http://www.foreignlaborcert.doleta.gov

[snathan]

Everyone has their own sad story.. Just feel like sharing mine.. First applied for RIR EB2 in Mar 04. It went to black-hole (centralized system).. Then applied for PERM in NOv 05. Got approved. But dates backlogged. For 140 approved. Waited for dates to become current for 1.5 years, then changed employer. New employer filed PERM, got denied due to fragomen attorney mistake. Again filed, it went to audit. One more thing... probably different that usual.. Husband qualifies for EB1. But he is not applying.. as in his words "Its very boring... to fill questionaire .. collect documents .. he will do it "tomorrow" " .. Not sure whats up with him, when I am running out of my H1B in 6 months.

anyways!

1. You can file for H1B extension based on your pending PERM.
2. Once you got approved, you can also port your previous PD based on approved I140.

[bondgoli007]

Guys,

Here is the latest info about audited cases...Great news for all who got audited including Fragomen applicants.

http://www.immigration-law.com/
http://www.foreignlaborcert.doleta.gov
This is indeed great news!!

I have emailed my Fragomen's paralegal asking for any info and will post the reply when i get it.

Hoping this helps in getting our PERMs certified.

[usirit]

My LC got certified yesterday per PERM system & below e-mails:

"From: PLC, Chicago - ETA [mailto:plc.chicago@dol.gov]
Sent: Tuesday, September 23, 2008 12:47 PM
Subject: Reconsideration/Review

The Certifying Officer (CO) has received and reviewed the documentation submitted in connection with the employer’s Request for Reconsideration/Review and has reopened the case. Because the CO has determined that the case is certifiable, the case status will change from “denied” to “certified” and a certification will be issued. The original date accepted for processing (priority date) will not change. Official notification will be forthcoming in the mail.

Note: This e-mail does not serve as evidence of certification for purposes of filing with the US Citizenship and Immigration Services or any other agency.

Sincerely,
Chicago National Processing Center"

&

"From: PLC.HelpInt@dol.gov [mailto:PLC.HelpInt@dol.gov]
Sent: Tuesday, September 23, 2008 12:56 PM
Subject: Permanent Application - Case Number C-

Re: Certification of Case Number: C-

This is only a courtesy email notification that the ETA Form 9089 - Application for Permanent Employment Certification for JIT SERVICES sponsoring ULISES SIRIT for the full time position of IT Manager (case number C-) has been reviewed by the Certifying Officer and will be certified.

A formal certification letter will be sent to you and, where applicable, to your authorized agent via U.S. mail. If an agent or attorney is listed in section E of the application, the certified ETA Form 9089 will be sent to the agent or attorney, if no agent or attorney is listed, the certification will be sent to you. Please look for this correspondence during the next few weeks.

Important Notice: This e-mail does not provide evidence of certification for support of the USCIS I-140 or any other form or program. USCIS will deny a petition that uses a copy of this e-mail rather than a certified ETA Form 9089. They will not request a duplicate based upon this e-mail."

[letstalklc]

Congratulations, Great to see that your's is certified.
Good luck for your I-140.

[supers789]

Hi Usirit.

I was wondering, how did you receive email notification from DOL about PERM approval. Per my understanding only employer and attorney has access to look into PERM online system to check the status.

Is there a way to setup your email address so that one would get notified directly?

Thanks!

[amirani]

1. You can file for H1B extension based on your pending PERM.
2. Once you got approved, you can also port your previous PD based on approved I140.

Hey Snathan,

I will appreciate if you can give me more information about porting the PD based on approved I140?

[usirit]

Hi Usirit.

I was wondering, how did you receive email notification from DOL about PERM approval. Per my understanding only employer and attorney has access to look into PERM online system to check the status.

Is there a way to setup your email address so that one would get notified directly?

Thanks!

Supers789;
My employer forward the e-mail to me. ;)

[rajibksen]

ETA-9089 Filed August 28, 2007
Audit Reply Date : Oct 22, 2007
after 1 + yrs , No response yet

[huh]

Filed: 10/10/2007
Audit Reply:12/21/2007

Still no response!!!

What the heck is going on in Atlanta? Those people are getting paid by our hard earned tax dollars for what? doing nothing? Seriously, the Atlanta center should be audited on their performance/salary ratio.

[letstalklc]

Filed: 10/10/2007
Audit Reply:12/21/2007

Still no response!!!

What the heck is going on in Atlanta? Those people are getting paid by our hard earned tax dollars for what? doing nothing? Seriously, the Atlanta center should be audited on their performance/salary ratio.

I am also in the same boat...filed on sep 5th 2007...still no update....

Govt should fire lot of employees who are working at Atlanta center....I have no idea what they are doing.....how come they get paid for just sitting idle?....what a luxury life they have.....

There are too many out there without job...they should have hire hard working people

[sadshaq12]

need senior member advise
My Old I140 PD 2001 got RFE and i replied on this already last week
now I am thinking to file new PERM case using EB3
what is the procedure how long is taking for country Pakistan

[manijos]

I am also stuck in the labor certification approval process.

Labor Filed September 02, 2007
Audit Reply Date : May 06, 2008
after 1 + yrs , No response yet

let me know if there is any way to handle this.

[yamijalav]

EB3
Files 09/17/2007
Audit 10/15/2007
Replied 11/07/2007

Still Pending. My company says this is common. Two of my friends got there Labour approved within 45 days lucky them:confused:

[derekjbj]

PERM Filed: June 26 2008
Audit received: Feb 12 2009


Entered US in student visa on August 14 1999

Endless delay... God Save me...

[forgerator]

PERM Filed: June 26 2008
Audit received: Feb 12 2009


Entered US in student visa on August 14 1999

Endless delay... God Save me...

That's one of the disadvantages of filing under EB2. From what I have heard, these days there is extremely high likelihood of audit. I filed under EB3 on Nov 12, so far no response. Let's see what happens.

[Jaime]

Hi guys, I wanted to ask for your advice! My prevailing wage came back too high and my employer's attorney and my employer will try to submit a private employer salary survey. I haven't read great things about these private surveys. Will this negatively impact my filing? Do these private surveys work? I would really appreciate any thoughts, thanks in advance!

[pkumar412]

hi usirit

Could you please help me in finding out the responses to the letters to the us dept of labor.
I saw that there are at least 27 people who has already sent the letters to the dept.
Is there a thread wherein I can read about the responses received from the dept.
Thanks,

[Nil]

Perm Filed 5 May 2009
Audit received March 08 2010
Audit replied March 26 2010