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papajon
06-18-2009, 03:20 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

Any suggestions from the gurus?

I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

For people who filed motion or an appeal, could you please post your feedbacks/experiences?

also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

indyanguy
06-18-2009, 03:22 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

Any suggestions from the gurus?

I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

For people who filed motion for an appeal, could you please post your feedbacks/experiences?

Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?

papajon
06-18-2009, 03:23 PM
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?

The lawyer said H1 can be extended while the appeal is still pending.

chanduv23
06-18-2009, 03:24 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

Any suggestions from the gurus?

I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

For people who filed motion for an appeal, could you please post your feedbacks/experiences?


Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section

hpandey
06-18-2009, 03:27 PM
It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .

bikram_das_in
06-18-2009, 03:30 PM
I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.

papajon
06-18-2009, 03:39 PM
I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.

Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.

unseenguy
06-18-2009, 07:51 PM
It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .

Before answering something like this, you should know what you are answering.

papajon
06-18-2009, 08:13 PM
Before answering something like this, you should know what you are answering.

could you please explain?


UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

ivar
06-18-2009, 11:41 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

Any suggestions from the gurus?

I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

For people who filed motion or an appeal, could you please post your feedbacks/experiences?

also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.

bikram_das_in
06-19-2009, 12:50 AM
could you please explain?


UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

You will get your H1B extended pending appeal on PERM.

papajon
06-19-2009, 11:06 AM
You will get your H1B extended pending appeal on PERM.

Thank you! So technically, there is nothing for me to worry at this time? Is this correct? I know I am losing time but my priority is not current...

hpandey
06-19-2009, 11:29 AM
Before answering something like this, you should know what you are answering.

I think you should explain what you are saying . going back to your previous posts you don't seem to be a particularly well mannered individual.

I tried to help the guy best to my ability and I said what I believe to be true. If you can prove that I said something wrong then you should say that with appropriate links.

I don't see any harm helping others who are trying to walk on the same path of immigration as we did legally.