Teach 8,
My PERM got audited, just want to seek some guidance from you about next step and plan my time accordingly.
1) How long does random selected PERM audit generally take?
-It hard to say, case by case.
2) What is the approval rate after audit?
-It is high.
3) Nearly 15 months H1B left from today, if audit get denied, do you suggest me apply for a new PERM or appeal from the perspective of the timing, not the content of the PERM denial itself?
-You can extend your H-1 beyond the 6-year limit for one year if the PERM is still pending in audit when your H-1 nearly reaches the 6-year limit (e.g. 6 months to go).
4) At what stage, PERM can not be withdrew? Is that true that after BALCA send you letter asking for continue or not,
if the employer respond by yes to proceed, from that day to Appeal decision date, the empoloyer can not withdraw the
PERM and file a new one?
--Your employer has to provide the documents DOL asked for the audited PERM first, then the employer can consider whether to withdraw it or not. But withdrawing an audited PERM, probably it will result in very serious consequences. Read these websites for audited PERM:
http://blogs.ilw.com/entry.php?6381-PERM-Withdrawal-During-Audit-Or-Supervised-Recruitment-May-Have-Consequences
http://www.hooyou.com/lc/perm_audit.html
5) Can the employer withdraw the PERM peition online, if the employer withdraw the PERM online today, can i file a new
perm tomorrow, if after the audit denial?
6) Can I redo the PWD, advertising before the audit decision date, based on the timeline provided by DOL.
If audit got denial, can I fiel a new PERM the next day after the denail?
-Yes, do it all overall again including the advertisement, etc. in this case.
7) I filed a PERM based on BA+2 year and its currently under audit, is that true that i can now file a new PERM using BA+5 year or MA+2 year?
-You can not file an new PERM based on the same position during the audit pending.
8) the PWD result of BA+5 is 6000 higher than my current salary, when it should be a problem if I file EB2 PERM?
9) If after the 1st PERM denial, i filed the 2nd PERM 9 months before my H1B expire.
Can I trasnfer to F1 after 9 months when my H1B expires and wait for 3 months, then extend my H1B for another year and continue my work?
-Yes, but change of status to F-1 takes time and your H-1 clock is still running during the F-1 application pending, thus your 6 year H-1 may run out.
So, my suggestion to you
is: if you can get the second PERM approval before your H-1 reaches the 6 year limit, then you can use premium processing to get the I-140 approved and then file H-1 extension beyond the 6-year limit. If you can not get the PERM approved before your H-1 reaches 6 years, you may just leave US before your 6 year H-1 run out (e.g. tone or wo months to go), and stay in China to wait for the PERM approval, then ask your employer to file I-140 using premium processing. Then, file H-1 extension beyond the 6 year limit. Then you can use the H-1 approval to get the H-1 visa to come back to US to work. This strategy will work well because when you leave US, your H-1 clock stops immediately. Discuss this with your employer at that time.
Sorry about so many questions, Teacher 8! Thank you so much for your help to me and my family!
My PERM got audited, just want to seek some guidance from you about next step and plan my time accordingly.
1) How long does random selected PERM audit generally take?
-It hard to say, case by case.
2) What is the approval rate after audit?
-It is high.
3) Nearly 15 months H1B left from today, if audit get denied, do you suggest me apply for a new PERM or appeal from the perspective of the timing, not the content of the PERM denial itself?
-You can extend your H-1 beyond the 6-year limit for one year if the PERM is still pending in audit when your H-1 nearly reaches the 6-year limit (e.g. 6 months to go).
4) At what stage, PERM can not be withdrew? Is that true that after BALCA send you letter asking for continue or not,
if the employer respond by yes to proceed, from that day to Appeal decision date, the empoloyer can not withdraw the
PERM and file a new one?
--Your employer has to provide the documents DOL asked for the audited PERM first, then the employer can consider whether to withdraw it or not. But withdrawing an audited PERM, probably it will result in very serious consequences. Read these websites for audited PERM:
http://blogs.ilw.com/entry.php?6381-PERM-Withdrawal-During-Audit-Or-Supervised-Recruitment-May-Have-Consequences
http://www.hooyou.com/lc/perm_audit.html
5) Can the employer withdraw the PERM peition online, if the employer withdraw the PERM online today, can i file a new
perm tomorrow, if after the audit denial?
6) Can I redo the PWD, advertising before the audit decision date, based on the timeline provided by DOL.
If audit got denial, can I fiel a new PERM the next day after the denail?
-Yes, do it all overall again including the advertisement, etc. in this case.
7) I filed a PERM based on BA+2 year and its currently under audit, is that true that i can now file a new PERM using BA+5 year or MA+2 year?
-You can not file an new PERM based on the same position during the audit pending.
8) the PWD result of BA+5 is 6000 higher than my current salary, when it should be a problem if I file EB2 PERM?
9) If after the 1st PERM denial, i filed the 2nd PERM 9 months before my H1B expire.
Can I trasnfer to F1 after 9 months when my H1B expires and wait for 3 months, then extend my H1B for another year and continue my work?
-Yes, but change of status to F-1 takes time and your H-1 clock is still running during the F-1 application pending, thus your 6 year H-1 may run out.
So, my suggestion to you
is: if you can get the second PERM approval before your H-1 reaches the 6 year limit, then you can use premium processing to get the I-140 approved and then file H-1 extension beyond the 6-year limit. If you can not get the PERM approved before your H-1 reaches 6 years, you may just leave US before your 6 year H-1 run out (e.g. tone or wo months to go), and stay in China to wait for the PERM approval, then ask your employer to file I-140 using premium processing. Then, file H-1 extension beyond the 6 year limit. Then you can use the H-1 approval to get the H-1 visa to come back to US to work. This strategy will work well because when you leave US, your H-1 clock stops immediately. Discuss this with your employer at that time.
Sorry about so many questions, Teacher 8! Thank you so much for your help to me and my family!
