My PERM got in audit.
Anyone got PERM audited?
Please share the experience regarding timeline, process, asking for more documents after initial submission.
I got audited as well. Reason was- who paid for the labor etc ?? Your case now basically is in limbo. Mine took 9 months to get the audit result. What was the reason for your audit ? If your case is straightforward, no need to worry. USCIS now sends 30%-40% cases into random audit.
Last edited: 13-May-16 09:14 AM
Looks to be random audit.
They have asked for advertisement papers.
When was your audit date?
I wanted this to be over as soon as possible..have waited for a really long time.
My PERM was audited too.. payment, recruitment process etc was the reason. Got cleared last year after 1 year (total PERM took 19 months) .. I got RFE in I 140 also :)..I think it is lawyers mistake rather than 'random'.. Inappropriately filling the forms will trigger audit..
To add - Lawyer's lack of due diligence also
edipre: did your I140 get cleared?
Yes, it got cleared after 9 days of response. We hired an external counsel.. I did lot of research on my RFE and found the interpretation of internal counsel was wrong (may be trying to hide the mistake).The external counsel found the root cause right away.. He was expensive but I think I made a right decision. The steps I took was -
1- discussed with external counsel every week.. Asked all possible questions on documents to submit..
2.Was in regular touch with paralegal..
3.regular touch with employer..
edipre: what was the root cause? How did the internal counsel interpret it wrong?
I am glad you asked me.. Keep in mind at 140 stage, USCIS look for three things -
1. Job falls under Right classification (EB2,Eb3 etc)
2.Ability to pay
3.Future employee eligibility for classification..
My was # 3 though I was over qualified :)(exp 8 yrs before PD + US masters). I had good technical exp (PERM skills) back in Nepal but lawyer didn't put that in PERM (Masters + 0).. Also the work dates and number of work hours in PERM for job experience had wrong details.
In PERM section H job description box my employer had mentioned some skills but lawyer didn't ask for any documents and trying to convince me after RFE that I don't need to have exp letter. The USCIS RFE was on that and on some J section of PERM. The external counsel found that the issue was related to 'skills' (special req) though it was Masters + 0..
In the response my external counsel responded with US masters degree cert, transcript, Nepal experience letter and US exp letter documents . USCIS regards the exp not listed in PERM as less credible but in my case they accepted.
What is your case? Eb2? Job with exp?
Last edited: 13-May-16 03:28 PM
@mancini I was audited at the end of 2014. Got cleared by September 2015. Yes I can understand-it's painful & frustrating to wait that long but you got no option but to wait. Like Edipre said, sometimes I wonder if my consulting firm misfiled the case (did that on purpose) to get the rfe. I would never know what actually happened-if it was a random audit or carelessness of my lawyer.
Current audit is not as bad as it was in 2014. Official processing time line is available here .
https://icert.doleta.gov/
click the second tab "Processing Times" and look under "Perm Processing Times" for up to date information. for now , they are processing perm those selected for audit in "sept of 2015".
मचेस, आफ्नो पनि एस्तै छ इस्थिती. जान को पिडि, अहेले सम्म अत्तोपत्तो छैन. रन्डी को बान लयेर पनि गेडा जस्तो परेछ. मुजी कम्पनीलआइ आफ्नै लयेर युज गर्छु भनेको हुन्न पो भन्यो आडे जस्तो ...बिजोग भो
Last week I had conference call with my lawyer and thats exactly what my lawyer told me as edipre has stated. So in a way I am statisfied that my lawyer knows what needs to be done.
My requirement is Masters and 2.5 yrs experience. I have around 6 years experience in US, so i think i should be good unless CO says there are other citizens who can do my job :(
Audit in Masters + 2.5 yrs exp is 'rare'. My intent is not to scare you. I've gone through this process and waited very long..Once your PERM is cleared talk to lawyer before filing I 140 (since your PERM is audited ).. Ask him a copy of your PERM now.. Is your 6 yrs exp before PD or after PD? Keep in mind ,Masters + 2.5 yrs - means after completion of masters , 2.5 yrs exp WITH different employer(s)..
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