PERM Denial - CFR 656.17 Reappleal??

[swati231]

Hi,

My PERM application was denied today with reason saying that the employer's form 9089 does not identify the minimum requirements for the job clearly.

My 6th year of H1 expires on May 17th, 2011. What are my options?

My lawyer is suggesting to reappeal but he says it might take upto 2 years. I dont want to wait that long.

What is the best option for me? - Reappeal or file a new application?

My lawyer also says that when they file a new application they cannot change the 9089 form because the same form worked for the other employees in my company.

Please help !!

Thank you

[Xkuger]

You need to understand that the Immigration law is one of the most complicated piece of legislation. It has many conflicting statutes... where honestly there maybe NONE who can satistfy it to its perfection.

It is intended to be like this so that the Immigration authorities can at time choose to Squeeze people when the economy turns for the worse and be lax and overlook a lot of stuff when the economy/job market is in the boom years.

So typical you cannot win against the establishment unless they have really made an error and you have a case. In all other situations the time is on their side and after entended period of Limbo -- they will reject your appeal again.

I would suggest that you file a new application and see if the employer can work with you (some are benevolent and will -- Some are just too big and don't care), Sometimes its better to have a decision even its bad than just waiting for 2+ years.

best of Luck.