PERM denied for applying before 60 days of posting ads..H1 b extension

[samshool]

Hi fellow people!

I am on my 6th year of H1B and it expires sept 17 2013. My firm decided to do the labor certification application in house. They finished the recruiting process and the application for PERM was sent on 10th sept 2012 (365+ days before my H1B expires). however it was denied last week since it was sent within less than 60 days of posting the ads and the waiting period for 30 days... this is the statement>

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The ETA Form 9089 indicates that the job order was placed with the SWA serving the area of intended

employment is less than 60 days from the date the» application was ñled. Specifically, in Section & the

job order was posted from 08/08/12 to 09/08/12 and the filing date was 09/10/12. Because the SWA job

order was run less than 60 days from case filed date, the application is denied.

AUTHORITY FOR DENIAL: In accordance with the Department's regulations at 20 CFR (6)

(1) (i) (A), the mandatory recruitment steps must be conducted at least 30 days, but no more than 180 days,

before the fìlling ofthe application.

The employer is reminded that, as an alternative to an appeal, it has the option of correcting the

information provided on the application for which the denial has been received and submitting a new

application to the Atlanta National Processing Center for review.

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.now they still have 180 days since they posted the ads back in June 2012 so my firm would be posting the ads again next 30 days, wait another 30 days and then re file PERM around first week Feb 2013 based of the last paragraph above. If all goes well i get my PERM approved by March/ April 2013 and then my lawyer firm takes over the case for the I-140 onwards...hopefully I get that approved just in time to apply for my 7th year H1 extension.

can you please guide me with some information as to would I still be eligible to file for my 7th year H1 extension in this particular case since my PERM was denied once. I have done my masters here in US so im EB2 category! How sensitive is the labor application for a lawyer to conduct as opposed to it being done inside the company itself! Do companies do labor in house or its safer to do it with a lawyer?...Im having my lawyer intervene once a week to check on status of the PERM application if everythings going right.

[maverick41]

can you please guide me with some information as to would I still be eligible to file for my 7th year H1 extension in this particular case since my PERM was denied once.

You should be good to apply for an extension i.e. if all goes well without any RFEs. Say you get your PERM approved in April 2012, you can go for premium processing of your I140 and once approved that should give you sufficient time for filing an extension.

I have done my masters here in US so im EB2 category!

For the EB2 category, if you are only relying only on your graduate degree then your job will have to require a masters degree and that should be included as a requirement in the job requirements (e.g. master's degree and 3 years experience) otherwise you should have 5 years experience after your bachelors degree. This is where a lawyer would come in handy to help determine the right skill sets for EB2

How sensitive is the labor application for a lawyer to conduct as opposed to it being done inside the company itself! Do companies do labor in house or its safer to do it with a lawyer?...Im having my lawyer intervene once a week to check on status of the PERM application if everythings going right.

It would always be good if an experienced lawyer handled the PERM process. Mistakes like what you have experienced could have been avoided. In most cases a lawyer helps with the entire PERM process with the exception of the job posting which can be handled by the HR department.

Good luck!

[t75]

Why is "your" lawyer involved? The petition is the employer's.

[maverick41]

http://www.murthy.com/resident/employment-based/perm-labor/