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Immigration Issues/PERM Denied Appeal or new PERM

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Question
Hi,

My PERM Application with PD 08/15/2012 is denied yesterday with below given reason :

"The foreign worker does not meet the requirements listed in section H , of the ETA form 9089. Specifically the employer describes the specific skills or other requirements necessary , in section H.14 as "SAS Certification as Base programmer.Section K requires employer ...".

Section H.14 : Bachelar degree in computer Science or related field and 5 years of experience as programmer analyst with SAS . SAS Certification in Base programming.


Even though I am certified professional since 2008 , looks like in section K Lawyer didn't mentioned explicitely that I have done certification in 2008 and just mentioned all programming skills/job duties along with previous employer experiences. When I had call with Lawyer , He mentioned that we will appeal for reconsideration of this case by sending Certificate and other details . According to DOL PERM processing estimate , the reconsideration is taking 10 months so should I take a chance to go for appeal assuming that the case will be considered as Gov't Error Re-considerations or pursue my employer for filing new application which will take just 4 months to get decision.

Regards,
Amol

Answer
Dear Anmol:
Firstly, mistake on your part (Lawyers mistake) would not be considered as Govt Error.  Further, regarding time involved I would suggest file anew.  Also, confirm whether you can appeal and file a new at the same time - if yes, you may do that too (to retain the PD) - please consult and confirm with your lawyer.  

Best wishes,  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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