Discuss BikerDude's PERM USCIS Case

did you receive any audit response?

nothing so far...

Nope. 16 months and still counting.. although they are processing the feb applications so should hear from them anytime now.

Do you have an update on your case? Are you from Infosys or Cognizant?

Nope. No update. Still waiting for the approval. I'm not from any of those companies.

Just got a denial for failing to provide adequate documentation from the employer. The lawyer thinks this is in error and will have to request for reconsideration. Any inputs here will be appreciated. Especially, if you have gone through request for reconsideration and the application was approved. Thanks.

BikerDude : If I recollect correctly, this is your second PERM attempt through the same employer correct.

I ask because My third PERM PD: 01/17/2014 got audited and the previous two have been denied - each time the denial reason I saw was not something which could be argued.

Having said that I think this is totally DOLs fault as they trying to make the rules and interpret the law however they want to. They are using spelling mistakes and more frequently things like missing documentation.

Now, I want to just try and give my opinion to you based on my previous expreinces in the past 5 years - Firstly you should try and get to know teh details of the denial - what is the inedequate documentation ? secondly if you have the time remaining on H1-B or even if not try and get the Plan B ready.

try and get the confidence for yourself by seeing what is the denial reason my friend and you will know what to expect, I have seen cases which have been approved in a week for missing information on the form due to the download issue with the PERM form.

Thanks for the inputs. Reason for denial is they need supporting documentation for employee referral bonus incentive program that was sent around as a part of internal recruitment process necessary for PERM. On closer look, I realized that the the cover letter saying "following are the incentives.." was attached after the referral bonus document instead of before. I think thats the issue.

My H-1B expires 9/6/2014 but the lawyer thinks she can get the 1 year extension after Requesting for Reconsideration. I'll have the cover letter attached before the document this time around. Hopefully, that should do it. Thanks for weighing in.

This is my first PERM BTW.

Yes, I read a lot of cases on this type while on trackitt. But in your case DOL had mud in their eyes, we need to teach them to turn pages now. AILA recently took DOL to the corners for this refferal F$%#%$ system DOL is allowing employers to use for recuirtment.

DOL recently stopped denying cases based on companies being too small for using this recuirtment effort ( read it in the DOL-AILA 2013 conference ) May god have mercy on us and I am sure DOL will rightfully approve your case ASAP.

This is a tough spot my friend, I would look at getting the extension right now in premium based on the 365 day pending rule once the MTR is filled and DOL reopen the case as pending. Atleast the appeal queue is now current - you should hear from them in a month or so.

I see. That's the plan to get it back in pending status and get the 1 year extension and wait. Even a week longer seems far fetched at this point. I'm dying little by little as each day passes by. I'm beginning to associate my life with the Orange is the new Black series with all the troubles with the inmates.. if you catch my drift. LOL!

BTW what's the plan B you were referring to above?

Alright folks.. so I spoke to an immigration lawyer at length and wanted to put down some of the points that came up for the general benefit of the readers in similar situation and possibly others can share their ideas and experiences. Here's my background before I discuss further.

PD: 2/8/2013
Audited and replied in 8/2013
PERM denied in 8/2014, reason being no dollar amount for the employee referral program, cover letter attached after the documents as opposed to before
MTR filed and pending
H-1B 6th year Cap out date: 9/6/2014
1 year H-1B extension filed getting me going up to 11/2015 including the recapture of days outside US

My end goal is to switch to a better firm asap keeping the PD. Here's what I have figured out as my options. Once I get the MTR result which should be in a month -

a. MTR approved –
i. File for I-140 and switch assuming I-140 is not revoked, get 3 year extension in September 2015. Revoking is same as not having started the GC at all
ii. File for I-140, start PERM with another firm, hopefully PERM is approved without audit in 6 months and I-140 is approved in another month, switch, it doesn’t matter what happens to old I-140, get 3 year extension in September 2015
iii. File for I-140, get the approval, apply for 3 years extension 6 months before the final expiry and then switch

b. MTR not approved –
i. File for new PERM based on an upgraded job title AND appeal to BALCA
ii. Apply for Canadian PR LOL!

It seems like most lawyers aren't smart enough to tell you what's the best option based on your situation. I had to ask the right questions to cough up different alternatives. To me it seems like the best alternative is a.iii. Let me know what you guys think

Update: After my PERM got denied I went with Motion to Reconsider, CO stood by his decision and is currently in appeal stage with BALCA. 7th year ending in 11/2015. My current lawyer is suggesting we file for a new PERM before 11/2014 and get the 8th year extension beyond 11/2015 based on this pending PERM for more than 365 days. But Murthy lawyer said that you can't get an extension based on PERM's applied after 6 years and it would be best to get the extension (as an H-1B amendement with new job duties) based on the appeal and then apply for a new PERM and hope for it to get approved before 11/2016. '

I'd appreciate if anyone that's been in the same situation and could get out of it could comment as to what worked. Thanks.

Update: After my PERM got denied I went with Motion to Reconsider, CO stood by his decision and is currently in appeal stage with BALCA. 7th year ending in 11/2015. My current lawyer is suggesting we file for a new PERM before 11/2014 and get the 8th year extension beyond 11/2015 based on this pending PERM for more than 365 days. But Murthy lawyer said that you can't get an extension based on PERM's applied after 6 years and it would be best to get the extension (as an H-1B amendement with new job duties) based on the appeal and then apply for a new PERM and hope for it to get approved before 11/2016. '

I'd appreciate if anyone that's been in the same situation and could get out of it could comment as to what worked. Thanks.

Another Update: The prevailing wage for the second PERM came in much higher than advertised. As a result I lost the ability to use the 365 day pending rule to be able to get 1 year extensions beyond my 7th year mark in 11/2015. The only option is to have both BALCA appeal pending and file a new PERM with different job description.