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Topic: Audit Notification
My lawyer said MY LC got audit notification. What could this mean??? What could be the chance of getting LC certified? My office is the one established in 1930s and this is the first LC they ever filed.
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It was a bad day for me.my application is selected for Audit and now Iam confused and Iam in very good company and this happened.They sent all document to DOL and waiting for approval.
And, my lawyer says it may take 3 months to maximum 1 plus years......Does anyone has any idea how much time it will take to process PERM after submitting the documents.
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masingh your chances are still good, however your processing time would not be longer unfortunately. All it means is that your lawyer put something in your application that triggered the audit. I was very concerned when I submitted my perm, but I ensured that my application had no audit triggers prior to submitting, and even this does not garantee that you will not be audited.
Heres the link the things that would trigger an audit, spread the word so that others can avoid this problem.
all the best kcjcmc
TOP TEN AUDIT TRIGGERS
Applications will be selected for audit based upon computer selection, random selection, and selection by the Certifying Officer following a review of the application. Some audits may be chosen based upon the industry, the company, the occupation, or even the attorney. Other than those factors, the following (with ETA 9089 block number indicated) are likely to be audit triggers:
read more at
http://www.klaskolaw.com/articles.php?action=view&id=13
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kcjcmc, masingh, badluck123 and any one who got audit:
kcjcmc, thanks for the info. that is very helpful.
masingh and badluck123: my case got audit as well. decent size firm, around 200+ employees, 50+ yrs founded. first time filed for PERM.....got unlucky on the "normal" job...basically USCIS wants more info to prove that more work exp is needed. making all my internal legal ppl jumping ups and downs now....definitely the law firm's fault....
One thing I don't understand is this:
badluck123: did you say that your lawyer said it may take 3 mons to 1.5+ yrs? that seems a bit too long, right? withdraw and refile makes more sense? I am not sure.....
kcjcmd: I don't understand what you mean: "....your chances are still good, however your processing time would not be longer unfortunately..." do you mean the process time will be longer? and what process time is that? i thought the review should be quick? well, that's my best hope...
life just is not as smooth as we all think, it is just a technical default on the rules, and making all of us suffer.....sigh..
anyway, good luck to you all then!!!
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I am so sorry excel, but the BIG GUY is still up there,
A guy at my job (structural engineer) had the same problem, what he told me (his case was prior to mine) is that while filling out the forms ETA they put that experience was required for the job. This is true for where I work (but trust me not good for perm). They audited his case and it took the company about 6months back and fort trying to prove that experience was infact necessary. Since that incident the lawyers at my firm just simply put on the ETA applications that no experience is required, even though this is not true (just trying to avoid the so called triggers I guess). They even put that our job only requires B.Sc. even though at the firm they demand M.Sc.
You have to work with your lawyers now. With the problems that are accuring now with 800,000 I-485 filled between July and August 7th I would give alot of taught to resubmitting another perm. Talk to others on the forum or better yet get go on the Murthy discussion forum (Murthy leading immigration attorney) and see if you could get some free advise from the Guru herself.
Again all the best
kcjcmc
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Hello Excel and kcjcmc,
Guy's thanks for the valiable information.Again, I spoke to my lawyer and they are pretty not sure what to say to me.I requested some info and they said it is not sharable.Tell, is this my LC or other's that can't be shared.My job define's more years of exp and even specilized skills which I have they projected in low fashion and with less exp on LC filing.That time when asked "this should be ok" was the comment and now Iam in soup.
They say random audit...why hesitation to share the information with employee.
Excel, question for you man.How can I withdraw and reaply from same company.....
Please share information on how much time it will take after giving response to Audit.
all the best guy's.
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All of you whose cases are under "Audit", does the online status reflects as AUDIT or IN-PROCESS? I was told my employer that mine was also under Audit, reason being "to provide the online job ad that was posted on the employer website." Attorneys office has already responded since the info was available readily but my online status shows as 'In-Process' only.
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stlarch,
Your correct.My lawyers says the status will be shown as "IN-PROCESS" untill they clear the audit issue on our cases.
Good Luck.
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My case was selected for audit too but we were expecitng it because of foriegn language requirement. We sent all the audit paperwork and it got approved within 2 weeks! If you prepare audit response well, they won't put you back in the processing file and can certify your case right away - that's my lawyer's guess. But if your audit response doesn't make them happy, then you can be stuck for a while more.
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Murthy.com........Bulletin.
"The December 2007 Visa Bulletin, which, as mentioned above, may reflect some forward movement in cutoff dates, will be issued in early to mid November 2007."
Good Luck all Audit vicitms.
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hi guys
you said that if the case get an audit .it still say on line in process .what about if the case case is denied it says also in process ? if any body know please share the information because my lc is pending for almost 6 month now and still say in process .thanks
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Hi dima,
mine is in process since february.But in june I checked the status and it was certified..then in july was changed again in "In process". I am nervous about my application because my employer and the lawyer called them and the answer they got was that is in process.
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Can anybody share whether they had received any Audit Notification with regard to "Business Necessity"? In my Perm Application QH12: Are the Job opportunitys requirements normal for the Job? was checked as "NO". I guess that may have been the trigger for Audit. Mine is a EB2 category, with BS+6 Years or MS+1 Year experience job requirement.
Is "Business Necessity Verification" a rare and unlikely reason for an Audit? Or is it a common factor for an Audit? How difficult is to provide a justification for this? What are the success rate? I am almost close to entering my 6th year of my H1-B and very unlikely to be able to start from scratch.
Can anybody share a sample of the "Business Necessity Letter"? Any suggestions or thoughts are greatly appreciated.
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hi june
I sorry to hear about your case too. but you know I called visa pro lawyers to ask their opinion .and they told me that if the application been pending for over 180 days .it means that it's expired .and they told me that if I decide to file another application I have to ask my employer to call them and that the second lawyer who told me the same thing because they said with the new law the alien can't hire an attorney him self .we have to go througt the employer again .and my employer he don't answer my call any more .so I don't know now if I should change the lawyer or the employer or the whole country. but I think for the people who's their application been pending for over 100 day .it should be something wrong.because they been working in august application now .also I see that they been giving a lot of audit recently.anyway good luck for all of us.
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Hi dima,
Thank you very much for your feedback.I really do not know what to do in my situation.My lawyer is not answering because he got mad : I asked him many times about my application and I told him what to do in many situations. When my application was certified in june my lawyer said that he is waiting for the paper.Then In july my case was changed "in process".Of course my lawyer said that he did not know what is going on.After many emails to him, only in September he figure out that my case was certified first, and sent some papers that proved that the case was certified online.I scanned that paper from internet, I email him the proof and he sent the paper to Atlanta.I really do not know what to do.Maybe you are right.The cases pending for more that 180 days are expired.How can I talk with you privately, by email or by pnone if you don't mind?
tHANKS
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hi june
here's my e-mail adress .please do e-mail me any time you want .
dimamacys@yahoo.com.
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Thank you dima,
I will email you soon.
Thanks
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My attorney also got the Audit notice on my LC for the Business Necessity. Attorney submitted the reply yesterday. Let us wait and see what will happen?
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Hi All.
Unfortunately for me, my application also got an audit notification. My job description says that the position need Bachelor Degree plus 5 years of experience and apparently I also have to provide them "Business Necessity Letter"
They told me they will do it.
But also they recommend me to start another application with less requirements.
My situaion is that mi visa expires in September 2008 so I have less than one year and if I am not mistaken the only way to dont have any problem in September is to have the procedure with more than one year. Does someone know if this is correct ?
and also...its not weird to put another application ? do everything again and now put an add in the newspaper saying my job description is different and my company now needs only 3 years of experience ?
Does someone have the same advice from their lawyers ?
As someone wrote.....lately there have been so many audit notification......and I was told could take a lot of time to get an answer from them
thanks
Shuber
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Suber, I am no legal expert, but I think you can apply for 1 yr extension of H1B if your LC is pending for more than a year.
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My lawyer said they sent the reply on October 19th and it has been more than three weeks. But the status still says In Process. I dont know why they are taking so long time. Mine was the job which is listed as 'In Demand' in DOL web site and I am just wondering why they are taking so long time to give a decision. I think any LC expires after 180 days that would be December 4th in my case as i filed LC on June 19th 2007 for EB2
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Mine Audit was also for a Business Necessity- though my lawyer indicated 'Normal'. Requirement was Bachelors Degree + 5 years experience.
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I didn't know LC is only valid 6 months. Are you sure? Maybe if its pending then theirs no time limit. I filed May 8th so I'll be reaching 6 months in another 2 days.
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Labor Certification validity period starts from the day labor certificate issued / certified. So don't worry .
Discliamer: This is not an advise of the attorney, please confirm with the professional immigration attorney.
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There is not time limit for LC if it is in process in DOL department.
You can see that they appvd in one year ,two years etc.
Mine took more than 7 months to be appvd.
Good luck.
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My lawyer just informed me that the LC is certified. Next step would be I-140 and I-1485. I dont know what is the situation at this time? It is for EB-2.
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hey man I am in the same boat as you.My application somehow qualified for this 'AUDIT'.Reason is the same..as for you..
they are asking for the Business Necessity Letter.What kind of response is ideal for this type of Audit?.Can anyone tell me this.I am interested in knowing what type of response is the best.
Thanks
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It seems like the most common cause for this Audit Notification on EB2 is to substantiate business necessity whether the position applied for requires Master’s degree; positions such as Business Analyst, Systems Analyst, Programmer, DBA etc.
Has anyone got audit notification on EB2 after having represented as a ‘Manager’?
Thanks.
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I got an audit with a CIS Manager title on my PERM.
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Hello,
What was the inquiry on your Audit...... 'Business Necessity' or something else?
How soon did DOL inform you about the Audit after filling PERM?
I certainly appreciate your response. Thanks.
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This is in response to questions about the audit process - and also to share some suggestions based on my experience. I work in an immigration law firm in a support position (I am not an attorney).
(1) The size of the company or how many years it has been in business is not related to the audit process.
(2) In the online status check, the case will say "In Process' at all times except if it has been denied or certified. If an attorney files an appeal to a denial then the status will return to "In Process." The status does not change during the audit.
(3) Most audits are issued because an employer's minimum requirements exceed what the DOL considers "normal" for an occupation. Another frequent reason for an audit is if a foreign language is required or if the position requires living at the worksite.
(4) The DOL does issue random audits.
(5) As of March 2008, 45% of all PERM applications were in some stage of the audit process. The DOL drastically increased the number of cases being audited starting last summer/fall. If your case is audited you should not be alarmed or assume that something was done wrong.
(6) Processing times are not consistent - even for cases that are not audited. I know of a case that was filed in April 2007, an audit notice was sent by the DOL in December 2007, and a decision has yet to be issued. I also know of cases that were audited within 2 weeks of filing and then approved a month later.
(7) The DOL does not provide very specific instructions for responding to an audit.
(8) There is very little that your employer or attorney can do to find out about the status of your case once it is submitted to the DOL. Even having a member of congress contacting the DOL has not proven helpful in the case referenced above (pending since April 2007).
(9) Your employer must pay all legal fees, advertising costs, mailing costs, etc. This is your employer's application - not yours. You should not be contacting the DOL, setting the minimum requirements for your position, reviewing resumes of applicants, etc. If you have any questions about how involved you may be, you should ask your attorney.
(10) Attorneys and their support staff generally really do want to help make this process easier for you. They are aware that it is an extremely frustrating process, and that the outcome of your company's application is about much more than business - that the outcome effects almost every aspect of your life and that of your family's. Attorneys and support staff are also frustrated by the way the government operates and have absolutely no control over processing times. We also experience stress because of this. Many people working in immigration law are children of immigrants or have other inspiration for working in the field - it is not just about earning money. A simple "thank you" email to your employer/Human Resources staff who helped, and to your attorney or paralegal after the PERM application is approved can make a huge difference in their day or week.
(11) Just because your friend got a green card in a year and a half does not mean that you will get yours that quickly. If your process takes longer it could be because be because of differences in case circumstances, timing, or luck. If you are in valid status (even if it means it's your 10th year on H-1B), you are still better off than many people who have to leave the country to wait for the I-140 to be approved.
Good luck! I hope that my suggestions, all based on experience, are helpful to someone.
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My lawyer said they sent the reply on October 19th and it has been more than three weeks. But the status still says In Process. I dont know why they are taking so long time. Mine was the job which is listed as 'In Demand' in DOL web site and I am just wondering why they are taking so long time to give a decision. I think any LC expires after 180 days that would be December 4th in my case as i filed LC on June 19th 2007 for EB2
Three weeks is a very short time. The DOL stating it as an "In Demand" occupation has nothing to do with how quickly they will look at your employer's application. The labor cert expires 180 days after it is approved (not 180 days after it is filed). Also, you are not requesting EB-2, EB-3 or any other category until the I-140 is sent to the USCIS. |
got unlucky on the "normal" job...basically USCIS wants more info to prove that more work exp is needed. making all my internal legal ppl jumping ups and downs now....definitely the law firm's fault....
One thing I don't understand is this:
badluck123: did you say that your lawyer said it may take 3 mons to 1.5+ yrs? that seems a bit too long, right? withdraw and refile makes more sense? I am not sure.....
Your lawyer should have stated your employer's requirements on the application. It is your employer's responsibility to set forth the requirements for your position.
Withdrawing is not always a good option. Of course, check with your attorney. |
It seems like the most common cause for this Audit Notification on EB2 is to substantiate business necessity whether the position applied for requires Master’s degree; positions such as Business Analyst, Systems Analyst, Programmer, DBA etc.
Has anyone got audit notification on EB2 after having represented as a ‘Manager’?
Thanks.
When you refer to representing the position as a "manager" do you mean that your employer's position title on the application includes the word manager? What is the DOL's occupation classification for your position? (You can find the DOL classification in the prevailing wage information section of the application.) Did your position require a master's degree and experience? If so, how much experience? All of these variables can help clarify why the audit was issued for business necessity. |
Thank you Kac2378 for your valuable inputs, your presense here is appreciated!
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Kac2378,
Your words are very honesty and impressing. Thank you very much.
We really need your suggestion on how to fight with DOL. As you know, we have been stuck in Atlanta for almost one year. The worst thing is this situation will continue and you never know what time they will start to do something on audit cases.
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Hello,
What was the inquiry on your Audit...... 'Business Necessity' or something else?
How soon did DOL inform you about the Audit after filling PERM?
I certainly appreciate your response. Thanks.
Audit on my case was placed in November 07 requesting Job Ads and hiring documentation. This was already in place and all I had to do was sign the PERM application and my lawyer and employer took care of the rest. My PERM was filed in June 07.
Please check my profile for more details about timeline.
Hope that helps. |
kac2378 - Appreciate your responses on this board. It is helpful to know sometimes that there are more people in similar predicament like the case pending from April 07.
Thanks for your comments.
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