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Perm Processing Got Denied

Discussion in 'PERM modernization' started by Smugrad, Apr 29, 2015.

  1. Smugrad

    Smugrad New Member

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    hello ron,

    i have couple of questions regarding my PERM processing with my current company.

    1. i work for a company X ( which is a big firm ) and they have a big law firm working on all the immigration related paper work for all the non-immigrant employees, now my company has applied my PERM in 2013 july and after few months they received a audit on my case ( which is not related to me but related to company ), the audits are pretty random, now we know that it takes 15months to process the audit cases and i have been waiting more than 15months, on www.icert.doleta.gov i used to check the status of my case when it started processing july 2013, i used to check my case daily but it never showed up and it jumped from July 2013 to september 2013, when i asked my attorney and immigration, they told me they haven't received anything from DOL and after two weeks they told me that they received a denial, which i asked them what was the reason and the reason is the attorney who filed my PERM forgot to put a CV ( of a person who applied to the job during the advertisement stage ) which is a clerical error.

    now the solution what told me is they are going to do something called "MOTION to RECONSIDER" by sending the CV, i am not sure what are the chances on getting approval with MOTION to RECONSIDER.

    second thing what they told me is if the MOTION to RECONSIDER gets denied, then they will do something called BALCA Appeal and apply for a new PERM in october since we had layoffs in March.

    what should i do now and what is the backup plan that i can have to stay legally in united states.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to discuss this at length with your attorney to make sure that you understand what has happened and what they are doing about it. I can't comment on cases where people are represented by counsel. Failing to submit an applicant's CV, generally speaking, is a serious matter.
     
  3. Smugrad

    Smugrad New Member

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    what are the odd's on getting an approval for motion to reconsider ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I know nothing about your case beyond what you wrote. It would be irresponsible for me to try to speculate on an outcome based on such limited knowledge. Discuss this with your attorney.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If anyone else wants to comment, please do. I am ethically prohibited from commenting on a case where someone is represented by counsel. Again, I suggest that you sit down with your current attorney and discuss your questions and concerns.
     
  6. Smugrad

    Smugrad New Member

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    thank you so much ron for youe time, i understand your limitations on this and i will discuss with my attorney on this issue.
     
  7. Vishal_gzb

    Vishal_gzb New Member

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    Hello Ron,

    In case PERM is denied in first attempt and when file NEW PERM with same employer or new employer;
    then is it mandatory to give previous PERM case reference while filing NEW PERM like previous ETA case no? if yes the will it impact then new PERM result?

    Thanks.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, it isn't.
     
  9. Vishal_gzb

    Vishal_gzb New Member

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