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centrum 07-15-2011 05:26 PM

PERM got denied.. What should I do now?
I just found out that my PERM was denied after sending the audit response about 7 months ago. In the job ad, it says "Send your resume to [person's name]@[company name].com" so it's clear for the readers to identify the company and the address of the company location listed on the website. Here are the denial reasons:

Denial Reason #1: The job order placed with the State Workforce Agency (SWA) serving the area of intended employment does not contain the name of the employer

Denial Reason #2: The advertisement(s) placed in newspaper(s) of general circulation or in a professional journal do not contain the name of the employer

Denial Reason #3: The employer's advertisement does not contain the geographic area of employment for the job opportunity described in the ETA Form 9089 Section H.

Would it be better to refile PERM or appeal this case? If it should be appealed, should it be considered as a gov't error?

Thanks in advance.

want_a_gc 08-23-2011 02:26 AM

I don't know if there are any bounds of the time for which an appeal will be heard. It's better to refile taking into account the problems cited in the denial. I would also suggest, prepare for a new application and file an appeal in parallel. I think you should consider hiring a different lawyer. I know it's usually not in your control but you can talk to the company to assign your case to a different lawyer. It seems the lawyer was sleeping while preparing your application.

racoon786 08-23-2011 08:44 AM

Yes, re-filing with a new lawyer should help your cause. I heard there are PWD delays that you should take into account if you are nearing your 5th or 6th year H1B.

AndherNagri 08-23-2011 06:04 PM

These reasons are technical and lawyer should have known how to word the Ad. Change of lawyer to a competent one should help. The reasons are pretty formidable and do not think can be fought. If there are errors, you can not push your point.

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