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christa

PERM Exceptionally delayed

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I had sent my PERM application on Sep 26th 2012 , received audit in December 2012 and responded back to the audit on January 19th 2013. Since, then i have been waiting for my PERM response. Upon reaching out to my employer they respond saying that

 

"Perm delays are pretty usual these days and almost 50% of the cases will get stuck in random audits. Once answered they sometimes get in to BALCA which is further administration and will not have any particular timeline." I do not know what BALCA is and what should be my next action. Should i just sit and wait or start over fresh again. My 1st H1 extension expires on December 31st 2014.

 

 

Please suggest?

Thank you

Bhavneet

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My PD is September 5, 2012, and I got Supervised Recruitment last week. In fact, same time period another petition was filed, audited, and now certified. I don't know what triggered my case go into SR. More delay means either denial or SR (SR is the recent weapon for DOL not to deal with lawsuit).

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As per the iCERT portal, Oct 2012 Audit cases are being processed now. But I know that they have started Nov 2012 cases as well. Please see the note on iCERT protal below which means that your attorney/employer can contact DOL if you guys don't hear when the status shows up December 2012 Audits are being processed.

 

If your application was filed more than 3 months prior to the month posted, you may contact our Helpdesk for a status on the application at plc.atlanta@dol.gov.

 

But, I agree that more wait time means higher chances of SR or denial.

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How accurate is the date on iCERT portal portal, my employer says they got a positive response for a case from Nov 2012 which got an audit in may and has been been replied in may 2013 itself.

 

My PD is in Dec 2012 and got an audit in April 2013 and replied in May 2013, still waiting for a response.

 

Is there anybody inthe similar situation?   What should i do?

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I spoke with my employer and my attorney but they seem to say the same thing that there is nothing that can be done as it is a Random Audit and unfortunately i was picked for that . They suggested that they will file another Labor for me this April '2014.  Is that advisable?

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