Perm Denied- Case Docketed at BALCA

[llavanya]

Hi

 

My Perm was applied by my company towards the end of 6th year (H1B) in November 2011. And it was denied by immigration with the reason of denial as:

"Immigration tried contacting the employer's contact on 12/28/2011; 12/29/2011;12/30/2011; 01/03/2012 were not successful. Because the contact with the employer's contact with the employer's contact could not be made, and the sponsorship and the employer’s awareness of the application, therefore, could not be verified, the application was denied."

 

The case was appealed and audited and then denied on the reasons:

 

Denial Reason 1:

The employer indicated in ETA Form 9089 Item 1.d.22 that it used radio or television ads. However, the employer failed to provide a copy of the employer's text of the employer's ad along with a written confirmation from the radio or television station stating when the ad was aired. The department's reasons as per regulations at 20 CFR§656.17(e)(1)(ii)(J)

 

Denial Reason 2:

The employer indicated in Item 1.d.15 that it used its website to advertise the job opportunity described in section H. In audit response copies of website with handwritten dates were provided, and not the dated copies of the pages from the site the advertised the job opportunity. The department's reasons as per regulations at 20 CFR§656.17(e)(1)(ii)(B)

 

Now the case is being appealed to BALCA on 16/01/2013. I am currently on my 365 day clause extension of H1B and here are my questions are:

 

1) Are these departmental reasons mandatory or just optional documentation for supporting the case?

2) Can I amend my appeal as "Governmental Error" at this point?

3) What are my chances of getting perm approved?

4) What are my chances of changing employer in this H1 time frame and starting a new perm with new employer?

 

Please advise

 

Thanks