PERM denied without audit - please help!!!

[us97007]

Dear senior members, I need urgent help with my situation:

 

My PERM just got denied without an audit. ETA-9089 that was filed by the attorney did not list my professional exams/certifications in section K of the form. The denial letter states:

 

"Reason for Denial:The foreign workers qualifications as listed on the application, demonstrate the foreign worker does not meet the requirements as described in section H. Specifically, in Section H.14 the employer required passage of professional exams, minimum of 5 exams. Based on the application, foreign worker does not have these specific skills or other requirements annotated throughout their work experience (Section K) of ETA Form 9089. Because the employer is willing to hire an employee who did not meet the job requirements as listed in Section H of ETA Form 9089, those requirements can not represent the employer's actual minimum requirements for the job opportunity. As a result, the application is denied. 

 

Authority for Denial: Pursuant to departmental regulation at 20 CFR 656.17(i)(1) the job requirements, as described, must represent the employer's actual minimum requirements for the job opportunity." 

 

 

The attorney is looking to file an appeal for reconsideration to CO under "Government Error" with a copy of my certifications demonstrating that I had these certifications by the time of PERM filing. They say there is a good chance that the appeal will get approved.

 

My current H1b expires at  Jan 6, 2016. However, the 6th year of H1b can be extended till 9/30/2016. Attorney is looking to start a fresh PERM application after submitting the appeal and says that we can get 7th year extension on H1b (1 year beyond the 6th year) in April 2016 (6 months before 9/30/2016) if reconsideration is still ongoing by that time.
 

Please help:

 

1) If someone has experience with reconsideration requests regarding certifications/licenses where attorney forgot to include the certifications/licenses on PERM application? Please share your experience and thoughts: What argument did your attorney make on your appeal? 

 

2) How likely do you see are the chances for appeal approval? Is the attorney right?

 

3)  Please advise on the best course of action.

 

Thank you so much!