8 teacher, honest to you, when we received resumes while doing recruiting, asked lawyer if we should start to do interview,(we really did interviews in the first perm application, no one was willing to work),the lawyer told us just ignore interview,so we didn't do.
-Because this is the second PERM application from the same employer, DOL normally is very strict and normally reuire the emplyer to go through a supervised advertisement and posting process. This lawyer did a bad job. The recuitment procedure is very important and has to be documented following the labor law including the interview and justify why the employer selected you, not selected other US citizen applicants (if any).
But this audit needs all resumes and interview evidence, such as phone call, emails, and I am still contacting him, his assistant said don't worry, lawyer knows what to do (he is traveling for one week, so cannot be reached).
-When your PERM get audited, the lawyer can not do anything to make the audit faster. Her/she only can provide what the DOL ask to justify the case and wait.
8 teacher, do you think my case is hopeless?
-You may still have a chance to get the case approved if your lawyer/employer can justify it to the audit and provide the required documents to DOL, but the problem is your H1 will reach the 6 year limit very soon.
What shall I do? I thought back, I should just appeal in my first perm denial case,
-Your employer can not appeal for the first denial PERM case anymore because the denial occurred more than 30 days (The appeal has to be filed within 30 days after the PERM denial). Anyway, you only can talk to your lawyer to see how he/she will deal with the audit. You may also consult other lawyer how to deal with your status based on my above suggestions (two choices in my above response).
because the first perm denial reason after about 2.5 years waiting, simply because on the yahoo side bar ads, there is "experience: >1 year",although our job description on Yahoo stated no experience required. because Yahoo didn't have 0 experience to choose. Labor dept picked on this tiny, and denied,I feel really disappointed, we were honestly and sincerely applying perm, much efforts were in vain. And now, second time, we hired lawyer, hope less chance to get audit, but still...we are screwed up, no matter we are honest or not, maybe, U.S doesn't belong to us, and we don't belong to US, my entire family have to go back and restart, I am speechless...
-Because the bad enconomy in US, obviously DOL or USCIS is very strict in PERM or H1 application and it seems they are not fair to treat foreign workers.
