Perm denial with many mistakes, what should I do?

[Manee]

Hi,

My Perm status was pending for 2 years. Last week, I got the denial letter from DOL showing many mistakes in my application

Form ETA 9089 has not been certified as Reasons of denial below;

1) the notice of filing submitted by the employer containas a wage, "$102,xxx", which lower than offer wage of $103.xxx listed in item G.1 of ETA Form 9089
--> my lawyer said it didn't make sense for this denial

2)Name of the employer, "Company B", in the notice of filing, doesn't match the name, "Company A" listed in section C of ETA Form 9089.

--> I work for Company A and don't know why Company B, which I never work for/never know this name, showed in my application

---> My lawyer said DOL made a mistake. He didn't know this Company B either

3) the geographic area of employment contained in the notice of filing ( Fairfiel,NJ) does not match the geographic area of described in ETA Form 9089 (Rochelle Park,NJ)

---> I never work in Fairfield NJ and don't know where it is coming from. My lawyer said DOL made a mistake again.

4) Employer failed to provide documentations as requested.

--- > My lawyer said he did send the documentations as requsted to DOL


I still have time to appeal in 30 days. However my lawyer said Appealing will take another 2 years. He suggested to start everything over again (EB-2 level) which may be shorter than appealing.

Please give an advice what I should do?

-Should I appeal or start new Green Card application?
-Should I continue with this lawyer or find new lawyer?
-What do you think who made mistakes? DOL or my lawyer? What can I do if my lawyer made these mistakes?

-If I start a new process, which DOL service center I should submit an application? I submitted my PERM to DOL Atlanta, and PERM was pending for 2 years. Probably other DOL service center may process faster?

Sorry for long email. Thank you for all advices.

Best regards,
Manee

[sidharthkumar07]

Hi

Hi
I am in a similar position as you . My perm got denied as there was a typo error in the city field of the application. Instead of Pittsburgh, the street name got entered in that field. My lawyer suggested to file a motion for reconsider. did ur case got cleared? How much time it took?

thanks

Sidharth

[txh1b]

Hi,

My Perm status was pending for 2 years. Last week, I got the denial letter from DOL showing many mistakes in my application

Form ETA 9089 has not been certified as Reasons of denial below;

1) the notice of filing submitted by the employer containas a wage, "$102,xxx", which lower than offer wage of $103.xxx listed in item G.1 of ETA Form 9089
--> my lawyer said it didn't make sense for this denial

2)Name of the employer, "Company B", in the notice of filing, doesn't match the name, "Company A" listed in section C of ETA Form 9089.

--> I work for Company A and don't know why Company B, which I never work for/never know this name, showed in my application

---> My lawyer said DOL made a mistake. He didn't know this Company B either

3) the geographic area of employment contained in the notice of filing ( Fairfiel,NJ) does not match the geographic area of described in ETA Form 9089 (Rochelle Park,NJ)

---> I never work in Fairfield NJ and don't know where it is coming from. My lawyer said DOL made a mistake again.

4) Employer failed to provide documentations as requested.

--- > My lawyer said he did send the documentations as requsted to DOL


I still have time to appeal in 30 days. However my lawyer said Appealing will take another 2 years. He suggested to start everything over again (EB-2 level) which may be shorter than appealing.

Please give an advice what I should do?

-Should I appeal or start new Green Card application?
-Should I continue with this lawyer or find new lawyer?
-What do you think who made mistakes? DOL or my lawyer? What can I do if my lawyer made these mistakes?

-If I start a new process, which DOL service center I should submit an application? I submitted my PERM to DOL Atlanta, and PERM was pending for 2 years. Probably other DOL service center may process faster?

Sorry for long email. Thank you for all advices.

Best regards,
Manee

1. It doesn't make sense. make sure the lawyer did not goof up the numbers by switching them. Offered wage has to be higher than prewailing wage or at the very least equal to it. Ask for a copy of your ETA 9089 and verify.

2. Definitely a goof up by the paralegal. They might have filled in the form by using another person's sample format and screwed up by not removing extraneous information.

3. Do ask for a copy of the 9089 screen shots from the lawyer. Something doesnt sound right

Appeal takes a whole lot of time. Restarting is quicker IMHO.