PERM denied after audit

[nishaga]

My PERM application was denied after 2 years of waiting. I received an audit last year (Jan 2014), reason random selection, and my lawyers were asked to submit proof of recruitment. The reason for application being denied: the job posting during recruitment didn't specify that candidate must relocate to Chicago for a job listed in Chicago. How stupid is that ? In fact I relocated for this job to Chicago. Please don't confuse it with situations where the firm might relocate you after the initial hiring, none of that. 

 

My attorneys tell me that they'll file for reconsideration but have really low hopes because reconsiderations aren't concerned with the judgement of the CO. They say its most likely going to end up in BALCA which is currently taking a year to process. 

 

I'm already past my 6yrs. I know I'll still maintain my status while this process goes on but I'm so frustrated with this nonsense. 

 

Are my attorneys evaluating this correctly ? 

[mohanbabu400]

I think only attorneys can evaluate this sensibly.

[victor_26]

My PERM application was denied after 2 years of waiting. I received an audit last year (Jan 2014), reason random selection, and my lawyers were asked to submit proof of recruitment. The reason for application being denied: the job posting during recruitment didn't specify that candidate must relocate to Chicago for a job listed in Chicago. How stupid is that ? In fact I relocated for this job to Chicago. Please don't confuse it with situations where the firm might relocate you after the initial hiring, none of that. 

 

My attorneys tell me that they'll file for reconsideration but have really low hopes because reconsiderations aren't concerned with the judgement of the CO. They say its most likely going to end up in BALCA which is currently taking a year to process. 

 

I'm already past my 6yrs. I know I'll still maintain my status while this process goes on but I'm so frustrated with this nonsense. 

 

Are my attorneys evaluating this correctly ? 

 

 

You should be ok to go with BALCA to get your extensions beyond 6 years and have your employer apply for a new PERM in parallel and you can withdraw your old PERM later so that you don't need to leave the country since you are going to hit your 6 years soon.