perm audits thread - pls share updates

[aiyer100]

Starting this thread for ppl whose PERM got audited and then got it approved

Pls share priority date as well as how long it took for the audited PERM to get approved/denied (God forbid)

My PD is 8/2011 and my audit response was filed in 12/2011....waiting for a response. Going by current wait times, it'll be atleast April 2012 I guess before I hear something.

[grimm]

My PD is 10/2011, and the lawyer told me today that my app was randomly selected for an audit.

According to the site http://icert.doleta.gov/, under PERM Processing Times, the current date for audits is April, 2011.

Why do you say you'll only hear back in April 2012?

[rekha6]

Hello Experts,

I am in 6th year of H1 and my Priority Date is in Oct 2011. My H1B visa expires this year in Nov 2012. I received my Labor Application received an AUDIT. We are in the process of responding to this. I would like to what my options are.

1. After we respond to the Audit, while this is in process, can I file for H1B extension in Jun 2012 (June to Nov is 6 months). Some people said I have to wait till Oct 2012 (complete 365 days after PD) to become eligible for filing for H1B visa. Is this true ?

2. If my PERM gets denied after 3-4 months, Some people said I can file for appeal,

After filing for appeal and waiting for it, can i apply for H1B extension?

How can I improve my situation before its too late and avoid having to leave the country.

Thanks

Rekha

[rekha6]

please someone respond ... thanks.

[ravi26usa]

Rekha,

I may not be an Expert but can shed some light in your case since I fall in the same category.

1. After we respond to the Audit, while this is in process, can I file for H1B extension in Jun 2012 (June to Nov is 6 months). Some people said I have to wait till Oct 2012 (complete 365 days after PD) to become eligible for filing for H1B visa. Is this true ?

You may have to wait till Oct 2012 (complete 365 days) to file H1B Extension.

2. If my PERM gets denied after 3-4 months, Some people said I can file for appeal,

After filing for appeal and waiting for it, can i apply for H1B extension?

Yes.While your case is appealed,You could apply for H1 Extensions.I have seen most of the appealed cases getting denied.

How can I improve my situation before its too late and avoid having to leave the country

Go for an full time company who is ready to sponsor H1B and file GC.

Thanks

Ravi

[rekha6]

Hi Ravi, Thanks for your response. I didn't get this - Go for an full time company who is ready to sponsor H1B and file GC. Could you please elaborate? Do you mean to say, change my employer and start my GC process afresh? But the problem is that I am already in my 6th year of H1B, don't you think its too late? Thanks.

[useruser]

Rekha - would be more helpful if you post a new topic. Lets keep this for the topic intended.

My PD - 09/01/11

Audit Replied Date - 12/12/11

Status - Still Waiting for response.

[Saksena]

9089 filed (Priority date) Sep 21, 2011

Audit reply filed: Jan 3, 2012

Question: If audit is approved does the priority date remain the original 9089 file date or does it move to the Jan 3 date?

Thanks.

[jesbinjoseph]

My PD: 10/14/2011

My employer said the need to provide a supporting document for the prevailaing wage they didnt provide during the filing .So they reply for that on Jan 11th.My visa expires on April 22nd.Also they emplyer said it not an audit, but providing some additional document.So should getting Approved by now.

1) Does anyone has got the same problem ?

2) Is this consdier as an audit?

3) If not how long it takes to clear.

4) If my perm get approved can I go for 1 year extension(provided i didnt have the luxury of 365 days before perm filing) with out 1-40 approval

Guys please respond.Becuase I dont belive my emplyer anymore..

Thanks

[fortunate]

My PD - 11/14/11

Audit Received Date - 03/08/12(Random Audit).

Saw in another post that audit in case of july 13 PD got approved in March 2012.