PERM - Random audit

[kart11]

Hi All,

My Employer's legal dept. just informed me that my case has been randomly picked for Audit. I met them and checked the requested documents for audit. The CO has requested for details such as the Resumes of applicants who had applied for the same job posting, the recruitment details and the efforts taken by the employer, to provide proof of why those applications were rejected etc... and the deadline to submit that is 30 days from Jan 28th which would be Feb 27th.

My question is --

Is random audit common or is there a reason as to why my application was picked?

How many days will it normally take after we provide the response to the Audit queries?

In case my PERM is denied, what other options do i have? Can i continue to be on H1 with this employer before I find another employer. (My 6 years will be expired on March 2014). I have very little time to do anything in case of denial.

Are there any other options for me ?? Appreciate if someone could help and provide some inputs?

I am FTE with this employer, so in case of denial what would I need to do?

Thanks in Advance !!

[sudhirreddy]

Don’t worry! DOL randomly selects some cases (20%) for Audit and from my research majority of them will be approved after submitting the information they have asked for unless your employer has purposefully rejected qualified applicants. These audits do take time and will probably take additional 3-5months for receiving approval.

If you’re getting close to your H1B 6yr mark then apply for I-140 premium processing once you receive the PERM approval. You can always apply for 1yr extensions if your PERM is with DOL for >1yr.

[kart11]

Thanks Sudhirreddy for your prompt response. As I mentioned earlier, DOL has requested the below details such as the Resumes of applicants who had applied for the same job posting, the recruitment details and the efforts taken by the employer, to provide proof of why those applications were rejected and I was selected. My employer mentioned he would send the response before the deadline of Feb 27th. My only worry is incase the PERM is denied or rejected, what are my options??

Any suggestions ??

[sudhirreddy]

I was trying to avoid addressing the worst possible case. But you & I know answer to your question. If your PERM gets denied and your 6 years on H1B is used up then

1. Go to home country for 1 year and comeback on new H1 visa
   
2. Move to H4 visa based on your spouse visa status. You can get EAD if he/she has sponsoring employer and apply for I-485 when their PD is current
   

• 
  

[kart11]

Thanks Sudhir once again for your response. Yes, I knew that the worst situation would be to go to my home country for a year and then try to come back on new H1.

BUT....Is there a way I can appeal my case if denied and then change my employer after getting one year extension based on the fact that my labor was filed > 365 days of my 6 years of H1 expiration and then have a new PERM filed through my new employer. I know it is difficult but not impossible.