Discuss hkkri's PERM USCIS Case

PERM case:
India
30 Nov 2009
EB2
yes
26 Apr 2010
business necessity and why high experience reqd
04 May 2010
denied
28 Apr 2011
514 days
30 Nov 2009
30 Apr 2011
Company says administrative error in recruitment. Don't know what it is.


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Users currently watching this case: EB3Nov03toEB2, hkkri, perm25nov09eb2, vinayak, Merlin2009, kondetisree, meetdj 13 Comments

Posted by EB3Nov03toEB2
05 May 2010 #1
Could you pls let us know what the advertised minimum job requirements for you position were on the PERM application.
Posted by hkkri
05 May 2010 #2
MS+6 yrs
Posted by perm25nov09eb2
08 May 2010 #3
good question and interesting answer. I've been told that asking for too much exp with ms is like inviting an Audit. That is why my lawyer wrote ms + 1 (or 2?) reqd. Although wouldn't they say that specifically as reason for Audit? If hkkri is sure it is a "random" audit then perhpas min req is not the audit reason after all.
Posted by hkkri
08 May 2010 #4
perm25nov09eb2:

you are right saying that having too much exp with ms is like inviting an audit. That is true in my case. The lawyers did not tell me this. Any way they asked for business necessity and asking why so much experience is needed. Hence it is not a random audit and I came to know only after receiving the laywer audit response letter yesterday. I do not know if i will pass through this audit.
Posted by EB3Nov03toEB2
08 May 2010 #5
What field is your job in? Is it IT? I have seen some cases requiring high experience in Telecom software development being approved without audit. Is your job in general software development area?
Posted by hkkri
09 May 2010 #6
Unfortunately it is non-IT
Posted by vinayak
13 Aug 2010 #7
i filed under eb2 MS and no exp required my case was audited too and they asked whole lot of proof's
business necessity
resumes
job ads prrof's etc etc..
and my lawyer says it was a random audit
Posted by hkkri
14 Aug 2010 #8
Vinayak:

Thanks ! I understand what you are saying.

For me, I saw the audit letter. All the fingers were pointing to the experience.

Our company submitted all the documents similar to urs as it is mandatory to submit.
Posted by vinayak
14 Aug 2010 #9
Hey I guess there is no hard and fast rule for
audits as we are seeing they are auditing exp as well as
no exp cases..

Sometimes I just wonder why the he'll wd have to
go through all these after having highly qualified degrees and
after all we are all tax paying and law abiding people..

They talk about fixing illegal immigration I say
fix the legal immigration first then talk about illegal immigration issues

sorry just pouring out my frustration..
Posted by hkkri
14 Aug 2010 #10
vinayak:

I understand your frustation becoz i dealt the same. But there is nothn we can do. But having saying that, there is always something to do. Keep on looking and trying ........... you will find the way.

Currently it is taking 2 years for the audit response.
Posted by kondetisree
09 Nov 2010 #11
Thanks HKKri for your updates.

Lawyer Response --- Nov 2nd -----

I called USCIS to follow up again. I was advised that case is not yet "outside the processing time," as VSC is processing petitions submitted 5/22/10, and receipt date for this petition is 5/24/10 (they’ve apparently been stuck on the same day for the last month and a half- very disappointing). I will calendar a reminder to follow up on 11/9/10.

For me also, LABOR took more than an Years with 2 RFEs. (Not big issues)
Posted by kondetisree
09 Nov 2010 #12
It took 494 DAYS for me. Its 1 Year 4 months

Finally My Labor got certified today after long wait with TWO Audits. ALL the very best folks. **** SECOND AUDIT On 19-SEP-08 FIRST AUDIT on 18-OCT-2007 ****

After 2nd RFE Answered(19th Sep 2008), I lost hopes on that. But to my surprise its got approved on 30-Sep-2008.

But now a days, That should be fast. I am not sure Why is the delay there?
Posted by meetdj
30 Apr 2011 #13
Sorry to hear about your case. Dont know what will happen to my case.

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