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About mankan

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  1. mankan

    perm deniel , appeal in progress

    Hi Sir i would appreciate any response from you on my situation. I am currently in my 7th yr of h1b visa, i work as a software developer full time with a reputed software / hardware company. My perm (this is my 2nd Perm)with Dol just got denied, the reason that was mentioned was that , the swa(State workforce agency) ohio job order does not mention minimum experience requirements but the Eta form (PERM form)mentions 60 months of experience, and this does not appraise US workers from applying. However the lawyer argues, that there was no room in the ohio job order to mention experience requirements so she could not mention it. And says we did not mention excessive experience requirements in the requirements so this should not discourage US workers from applying but rather encourage them, and says there is a Law case on this issue. I am looking to know what are my chances with the appeal (lawyer has only mentioned that she will file a appeal , I think this appeal might be with BALCA and is not a reconsideration with CO)on this case, all she told me that she would file an appeal. With this company this is my 2nd PERM that has been denied, my first PERM was filed in Sept 2011, and it was denied as our Prevailing wages were expired and at that time DOL had suspended giving Prevailing due to H4 backlog. We appealed the first PERM as this was filed with expired wages in order to get a H1b extension. I am thinking of applying for a backup perm (this would be my 3rd Perm )with some consulting company, but i donot have any successful perm approved at all in order to do so. So can i try a backup perm (3rd PERM )with a consulting firm and do i need to get my I140 approved with this consulting company ,if i may need to join this consulting company incase my PERM appeal fails(2nd Perm), as i have already completed my 6yrs on h1b. Can you please suggest any consulting companies that can file this perm for me if you can. Thanks, I would really appreciate any help Mankan.