URGENT - Received PERM Audit


crackerjack

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Hello Experts,

I am working as full-time employee for a multinational company. The max-out date for my current H1B Visa is 06/16/2012. My Employer had filed PERM application (LC - Labor Certification) on 09/20/2011 in EB-3 category. Last week I have received a mail from our Immigration Department saying that:

"We have received an Audit notice from the Department of Labor (DOL) for your PERM application. This requires us to submit employer based documentary proof to the DOL. The Audit is a standard employer based query that DOL issues randomly at a 50% nationwide rate. It can take over 2 years for your case to be adjudicated by DOL once an audit is received."

I have spoke to our Immigration Specialist about the Audit notice received. She is not certain about when the DOL would adjudicate my case and approve it. I have checked the PERM processing times on iCERT portal and observed that the DOL is currently adjudicating the audit cases for March-2011 month. It would take 7 months to DOL to take up my case as the PERM application was filed in September-2011 month. But then we are not sure exactly how much time would it take for DOL approval. I must get the PERM (LC) and I-140 approved by 06/16/2012 to qualify for H1B Extension (7th year). I have only 7 months in hand (till 06/16/2012) to completed these two steps. But it seems HIGHLY IMPOSSIBLE to complete the two steps by 06/16/2012 as we have received the audit notice. Our Immigration Specialist has suggested an option in case the PERM (LC) and I-140 are not approved by 06/16/2012, and the option is: I have to (temporarily) leave USA till 09/20/2012 and then apply for H1B Extension based on the PERM (LC) application pending status. And once the H1B Extension is approved, then I have to attend H1B Visa stamping and enter USA on successful.

I have the following questions as per the details posted above.

1.Is this true that it may take 2 years for my PERM to be approved? My priority date is not current. Does any one know how long it takes for such audits to clear up?

2.Can we expedite with the DOL to take up my case soon, get the PERM (LC) approval, and then apply for I-140 in PREMIUM processing for approval by 06/16/2012?

3.Is there any option thru which I could get the PERM (LC) and I-140 approvals by 06/16/2012 and qualify for further H1B Extension, so that I can avoid leaving USA (either temporarily or permanent). Because I have to attend some commitments and need to stay in USA.

4.What happens if I get PERM (LC) approval soon but the I-140 is still pending by 06/16/2012?

5.I thought of filing PERM application (LC) thru another Employer and get the PERM (LC), I-140 approvals by 06/16/2012, but not sure if it will be successful.

Kindly consider my situation and suggest me the options thru which I can get the PERM (LC) and I-140 approvals by 06/16/2012. If you think it is not possible, please suggest me the other options thru which I can come back to USA (on H1B Extension or new H1B approval). Thanking you in advance.

~crackerjack

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venven,

Thanks for replying to my post. The max-out date is 06/16/2012 including the out-of-country stay period. Yes, I can file for I-140 as soon as the PERM (LC) is approved. But we do not have certain time line as when it could get approved by DOL. As said earlier, I have only 7 months time (till 06/16/2012) to get PERM (LC) and I-140 approvals to qualify for further H1-B Extension (7th year).

Attorney_9,

Thanks for your reply. I have checked the iCERT portal and observed the current PERM processing times as you have mentioned. But my PERM (LC) application was filed in September-2011, which is 7 months beyond March-2011. Could you please tell me the chances of DOL taking up September-2011 month audited cases by 06/16/2012. Even if my PERM (LC) gets approved in April-2011, then I will ask my Employer to file I-140 in PREMIUM processing for faster approval. Do you think this would work out? I mean, are there any chances of my case getting approved by April-2011 month end?

I am looking for possible options to get the PERM (LC) approved soon and file for I-140 in PREMIUM processing. Once again requesting the attorneys, experts, seniors and members here to suggest me the options. Kindly consider my situation and help me. Thanking you in advance.

~crackerjack

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Attorneys and Experts,

Could you please consider my situation and answer to my questions. I have another question regarding my H1B Extension beyond 06/16/2012 at the current situation. As said earlier, our Immigration Specialist has suggested me to leave USA (work in India or Canada thru the same Employer) temporarily in case the PERM (LC) and I-140 are not approved by 06/16/2012. And they will file for my H1B Extension on/after 09/20/2012 on a basis that my PERM (LC) is pending for 365 days. Once the H1B Extension is approved, I will have to attend Visa stamping and come to USA on successful. Is this possible? I mean, can we file for my H1B Extension while I stay out of USA as per the scenario mentioned above?

Kindly consider my situation and answer to my questions. I am very much worried about the situation and looking for options that could help me in getting PERM (LC) and I-140 approvals by 06/16/2012. Once again thanking you in advance.

~crackerjack

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Requesting JoeF and other Experts,

I am very worried about the situation. I do not want to leave USA as I have some commitments (at work and personal) to attend. I am seriously looking for options to overcome this situation. I have contacted couple of Employers who can process my Green Card, but could not find anyone so far. So kindly consider my situation and provide information for my questions in the posts above. Thanking you very much in advance.

~crackerjack

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