PERM Denial Question - help

[eskinos]

Hi There - Recently my PERM was denied. I have an engineering degree and MBA. My attorney stated the PERM was denied stating that 'I did not have an engineering degree to satisfy the job requirements'.

 

This is a mistake and I am not sure if it is my attorney's mistake or processing officer's mistake. I have two options now. My employer is ready to apply for an appeal or submit a new application. My current priority date is June 2015. My H1B is valid through Jan 2017.  

 

What should I do?

 

 

[rohang]

take 2nd opinion with another immigration attorney.

 

appeal->BALCA is very long process with very less +ve results.

 

Reapply is much more favorable, 

 

You have engineering in which field? and what was your job profile? was it EB2?

[rara5]

You could appeal - does the job posting by your employer match your degree? Was the job posting typical/similar of what your employer has posted in the past and employed people with similar degrees for the position? If yes, then you could successfully argue the case.

 

IMO reapplying is a good back up. Make sure the job description and the requirements matches your credentials - but it shouldn't be specifically tailored.

 

Be prepared to have an employment gap next year since if you reapply PERM it will be less that 365 days and in the event PERM is audited - you can only extend your H1B after the 365 days are over from the date your new application was submitted.