lux_sup Posted October 31, 2012 Report Posted October 31, 2012 My husbands PERM got denied in June and the attorney has appealed under Govt error. and we are yet to hear form the govt. and he was given the following reason. Kindly explian why it was denied and what should be done. My husbands H1B ends (including recapture) on Dec 21st 2012. We dont have much time. The Section H on my husband's application looked like this . Is experience in alternate occupation accepted? : YES 10A : If Yes, no of months exp in alternate occupation required: 12 10B : Identify the job title of the acceptable alternate occupation.: Any job title involving similar duties and technical capabilities to the offered position. This is what the govt said: The alien's qualification as listed on the application demonstrate the alien does not meet the requirement as described in section H. Specifically, the application sates the requirement is 12 months experience as a Analytical Strategist and no alternate occupation is acceptable. Because the employer is willing to hire an employee who did not meet the job requirement as listed in section H on ETA form 9089, those requirements connot represent the emploeyrs actual minimum requirements for the job opportunity. The attorney said its a "govt error" and apealed agianst it in June. But we havent heard back from the govt. Had it been a govt error, we should have got an answer by now, as I understand it only takes 45 days for the govt to process such govt errors. am I right?
lux_sup Posted November 1, 2012 Author Report Posted November 1, 2012 I wish somebody coulld answer my question above. :(
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.