Audit case rejected - should i appeal or go for new one

[HasH551]

Hello,

I got my perm got declined after an audit. Reason for this is wage amount of $xx,500 was given for the add and my Lc was filed for $xx,750. And the officer did not find an inconsistency in pay. I have a PD for July-2010. So should I start a new processing wich might take another 6 to 7 months or try my luck with appealing stating that was a typo mistake since amount in difference is only $250 and also keeping in mind that Nov-2008 is the current date of appealing cases. Sujetions pls.

And also I heard that if we appeal a case then we cannot file a second one from the same employer. Is this true?

Thank you.

[ken41]

Hi,

Sorry to hear that your PERM is denied. From what you have mentioned its better to apply for a new PERM. DOL will deny your appeal since you mentioned a less wage on the Ads. DOL officer will consider the less wage mentioned in the Ad as something unfavourable for the US applicants. Good Luck.

Thanks,

Ken