Discuss PERM case

PERM case: Approved in 113 days (119 days less than average)
India
04 Dec 2012
EB2
no
approved
27 Mar 2013
113 days
05 Dec 2012
10 May 2013
Second PERM filing after 1st one got denied.Thank God! Approved without any audit. Onto I140 next. Good Luck to all waiting in line.


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Users currently watching this case: indian4858, apradom2, Rombanallavan, pkumar82, gcmera, Bajarangi, SecondNov2012, karthiksubbu, sameern, smi01312007 17 Comments

Posted by gcmera
14 Mar 2013 #1
You will get it soon !!
Posted by chiraa
21 Mar 2013 #2
are you filing with same employer?
Posted by SecondNov2012
22 Mar 2013 #3
yea karthik,

need your inputs..my I140 is filled in PP and its been more than 15 days no updates from USICS..do you have any idea why that much of delay..regarding employer, more 180+ employees and good approval rate in PERM and i140..

as my H1 getting expired in another 2 months..i don't know what to do..let me know your inputs on why there might be delay in PP..

filed 06-Mar-2013
usics notice date 11-mar-2013
still waiting...
Posted by gcmera
22 Mar 2013 #4
Different Employer
Posted by SecondNov2012
22 Mar 2013 #5
i did not get you gcmera..
Posted by karthiksubbu
27 Mar 2013 #6
Hi SecondPerm
Any update on your I140?

I just got my PERM (2nd) approved. Thinking to file I140 in PP if employer says ok.
Posted by SecondNov2012
27 Mar 2013 #7
Congrats Karthik..Now you are in safe zone..

My employer refiled the I-140 and it was approved and updated the status in tracker too..
Posted by sameern
27 Mar 2013 #8
@karthiksubbu, congratulations! You must be so relieved!! I used to follow your case when I was led to believe that my PERM was filed in Jan 2012. Though your first PERM was denied, I guess all is well that ends well! :D Hope your process goes much smoother from now on. Are you in EVC? Did you file the second PERM with the same employer?

My May-12 PERM went into audit and no update since July. With sequester impacting DOL, I am wondering if DOL is going to slow down its already slow pace to process the cases. I am thinking of contacting my Senator regarding my PERM and I haven't seen any on the forum taking this approach. What's your take on this approach? Thanks for your time and congratulations again. Now, enjoy the peace of certainty!
Posted by karthiksubbu
28 Mar 2013 #9
It is definitely a relief. I switched from a consulting company (so I guess it is E-C model, who did my GC under EB3 PD 12/2009) to a full-time position at a client (not one fo the clients I had worked with before). First PERM was filed within 6 months after I joined, was happy. But it got into audit exactly when my 12/2009 PD became current. Had my PERM got approved without audit I would have been able to file I140+I485 during the 2012 fiasco. Then eventually that PERM got denied. Then started working on the second PERM with the same employer. By God's grace it got approved without audit. Peace of mind, definitely Yes, but certaintly still a log way to go as my current employer is giong thru a M&A process. Hopefully, I get to retain my job post the M&A. Otherwise, I will be back to square one.

My audit denial came about 10 months after the PD. In your case you are roughly in that same timeframe. You should be hearing form DOL soon. Wish you Luck!
Posted by sameern
28 Mar 2013 #10
I know no one can say it either way and nothing is certain, but do you think contacting a senator would help with an audited PERM?

Your first denial timelines are scary! I need all the luck and prayers as I want this approval badly and I don't think I have the patience and resolve to go through another roller coaster. Most of the May audits are done with a positive result, very few are denied. I want to stay positive. I am certainly thinking of contacting the senator if it's not going to hurt.
Posted by karthiksubbu
29 Mar 2013 #11
I'm not sure if Senator would be able to help. But you can definitely try your local Ombudsman, Congressman, Senator etc. Shouldn't hurt to give it a shot. Wish you the Best!
Posted by sameern
02 May 2013 #12
@karthiksubbu, at last there's an update on my PERM case that it is denied. The reason is that it seems my employer did not disclose the posting dates for the notice of filing for the PERM application and also failed to confirm that the notice was posted for 10 consecutive business days between 30 and 180 days before filing ETA form 9089.

I wish there was a second audit because of lack of documentation, but DOL denied the application. It's such a simple thing. I am so pissed off with my employer right now. Do you know if DOL would consider my case favorably if we resubmit the Notice of Filing documents in MTR? Please let me know your thoughts. Thanks for your time.
Posted by karthiksubbu
10 May 2013 #13
You could give MTR a shot. But I would suggest you to start another PERM in parallel, as appeals take a long time to get resolved. Hopefully the second one will go thru without any issues. Good Luck!
Posted by smi01312007
17 Jul 2013 #14
@karthiksubbu, thank you for providing information on your GC process. I am in similar situation as you. First EB2 PERM is denied due to some errors in the filing of the Prevailing Wage Determination (PWD) request. Now my employer is preparing for the second PERM while the first one in BALCA review. I do not have master's degree either but has more than 10 years of IT related experience which is more or less same as yours. Both PERMs have the BS+5 yrs progressive experience in lieu of master's degree specified in the job requirements. Now my question to you, do you know if your lawyer or employer has filed 2 PWD requests: one for the master's + whatever number of year experience required for the job (post MS), and the other one for the BS plus progressive 5 yr exp and whatever number of year experience required for the job?
Posted by karthiksubbu
18 Jul 2013 #15
No, I have not heard that. In fact I thought PW is only for the occupational classification. Does it vary based on your educational qualification?
Posted by smi01312007
18 Jul 2013 #16
That I am not sure either. My lawyer said it used to not matter but said that recently DOL is requiring to put all the required education, years of experience into the PW application. That is why my first PERM got denied. Do you have a copy of your PW application form? I am curious what are specific details needed to be included in the form for EB2 under BS+5yrs progressive experience category so it will be approved by DOL during PERM process. Thanks for your reply.
Posted by karthiksubbu
22 Jul 2013 #17
No, I don't have the PW application. I noticed it just says Level II as the skill level on my ETA9089. I also noticed the skill elvel was Level I in ym EB3 PERM ETA9089. Maybe this is what is the key for EB2?

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