Beneficiary name wrong in PERM

[professorX]

Hello,

 

My company attorney got little confused (Human error!!) with names when filing for PERM. He has used my name for different perm petition and other consultant's name for my perm petition - the skill set are almost same both being java developers but other details would be totally wrong. Can that be corrected ? - Just the beneficiary name ?

[blancx]

What has the attorney thought about for getting this corrected?  

 

This is your employer and company's headache (more headache for the attorney since he/she has a potential malpractice lawsuit hovering over him/her), although indirectly you are dragged in this as well.

 

One way would be to withdraw the PERM and refile.  refer to the foreign certification website. search for "PERM withdrawal" and its the first link.

 

this is what I got from it:

 

How can a pending application filed under PERM be withdrawn? 

If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box. If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center.

 

 

 

1. Once an employer requests its application be withdrawn, how soon can the employer file a new application for the same foreign worker?
   
   After requesting a withdrawal, an employer may not file a new ETA Form 9089 for the same foreign worker until one of the following occurs: 
   
   (A) Employer sees, using the online PERM system, that the status of the original case changes from "In Process" to "Withdrawn," or
   
   (B) Employer receives confirmation (via standard U.S. Mail or e-mail) from the NPC that the ETA Form 9089 currently in process has been withdrawn. 
   
   The employer is reminded that an employer may not file a new application merely because the online status changed to "Denied." The employer must wait until it receives the Final Determination Form from the National Processing Center stating the reasons for the denial. This ensures the employer is apprised of all the application's deficiencies.

[Attorney_15]

An LC is generally considered filed for the person named in Section J. If an LC was filed for Mr. X instead of Mr. Y, the only way to change that information would generally be by withdrawal and refiling the application.