PERM applied and there is an AUDIT

[varshini.uppu]

Hi,

My PERM is applied on July.13 and got an AUDIT requesting all the documentes related to advertisement, resumes received etc. The AUDIT was on Sept.30.

My PERM is applied just before 365 days of my H1B 6 year period (I will complete my 6th year end of July.2012 including recapture time that I spent outside of US).

I know, I can extend my H1B as long as my PERM is pending/ approved as my PERM is applied prior to 365 days of my 6th year.

Question:

1. How long DOL will need to review my case as there is an AUDIT?. I know it depends on case to case but normally how long DOL will take or get back to me?.

2. What if there is any denial to my PERM as I am already in 6th year?. Is there any other chance/ choice to stay within the country?. Or do I need to leave the country?.

Please suggest.

Thanks.

[Attorney_20]

1. DOL can take up to 1-2 years to process a PERM case that has been audited.

2. You and your employer should have the PERM case reviewed by an experienced immigration attorney to see if there are any issues with the case. If so, there may be a chance the case could be denied. You and your employer may want to consider doing a back up PERM case in the event this case is ultimately denied.

[rbiyer0]

I applied for my PERM in March 2008. Received an audit in June 08 to which a response was sent July 08. I am waiting for a decision.

I am bracing for a denial and looking for back-up plans. How do I file for a back-up PERM case? Can I appeal my existing case and in the meanwhile file a back-up case. I am way past my 6 years on my H1B. Please advise.

[Attorney_20]

An employer must be willing to file the back up PERM case, just as an employer is required to file any PERM case. The existing case can be appealed while the back up case is in process. You should gather your documents and discuss your case with an experienced immigration attorney who can analyze your case and give you a clear strategy.

[rbiyer0]

So my case was denied and went to BALCA. How long does this BALCA appeal take to resolve? Since in my case it was only due to late response and therefore "clerical omission/harmless omission" - would it be reversed. What is the BALCA success rate? Thanks Attorney 20, I will request another PERM.