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  #1 (permalink)  
Old 02-18-2012, 03:07 AM
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gctiredtowait will become famous soon enough gctiredtowait will become famous soon enough
Default EB-2 PERM Denied in 6th year H1

I'm currently in my 6th year of H1b (ends Sept 30 2012).
My employer finally filed PERM in June 2011, it got audited in August 2011 (provide resumes of applicants).
Got a denial two weeks ago, because the employer/attorney put different wages on the internal job advertisement (lower wage) and the PERM form (higher wage), so it was denied because I was offered a higher wage. It looks like they just rounded up the number on the PERM form.

What are my options at this point?
1. Try to file for reconsideration, but I think the job offer had the higher wage as well, and it said that we cannot modify original PERM documents?

2. File for the reconsideration and extend my H1b based on that beyond 6 years, once it is extended withdraw the reconsideration request and try to file another PERM (hopefully by Sept 30)?

3. File for reconsideration, extend H1b based on that, and try to find another employer who will file another PERM and transfer H1b to that employer?

Attorney is keeping quiet for the past two weeks and is not responding to emails either from me or from the employer, so I'm thinking of switching attorneys.
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  #2 (permalink)  
Old 02-20-2012, 09:45 AM
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Default

Try filing PERM Labor with your current employer again.
Also you can file PERM Labor simultaneoulsy, from some other company as well.

Do these ASAP as it is taking 3 months plus these day to get PERM apporval after filing.
Hopefully one of these labors clear & you can get 1 yr H1 extension on that.
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  #3 (permalink)  
Old 02-20-2012, 12:20 PM
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Quote:
Originally Posted by kishore.salla View Post
Try filing PERM Labor with your current employer again.
Also you can file PERM Labor simultaneoulsy, from some other company as well.

Do these ASAP as it is taking 3 months plus these day to get PERM apporval after filing.
Hopefully one of these labors clear & you can get 1 yr H1 extension on that.
Please not, one has to get both PERM(new) and I140 cleared, to get H1B extension, if they are in the 6th year of H1b.
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  #4 (permalink)  
Old 02-20-2012, 10:36 PM
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aadohio has a spectacular aura about aadohio has a spectacular aura about
Default Option 2

Here is what I would do
1. File MTR
2. Extend H1B for another year, do premium processing
3. Setup a 30-40 min consultation with some other attorney and get a 2nd opinion if your MTR has any merit in it.
4. Make a educated guess at this point if you want to live on with MTR, File new PERM with same employer or move on to different employer with extended H1 (this could be risky)
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