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Atiranjeet
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Posted on 12-18-14 1:43
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Folks, Got perm audit under EB2. Reason was if I paid for the Green Card or not. I just had to send a notorized document saying I had paid for GC as for audit's response. That's it. Does this audit falls under the general audit category and take over 2 years to get the result? Is this true ? Anyone ??
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Duderino
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Posted on 12-18-14 2:27
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Yup..Around 2 years with current pace...Sorry Bro, I am waitng for the result next month..If it goes for audit, planning to apply new PERM from new employer.
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prem101
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Posted on 12-18-14 2:59
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Timi haru ko employer Consultancy thiyo? I heard couple cases and both were through consultancy.
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hakim_saab
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Posted on 12-18-14 5:33
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Yes, nowadays it takes about 12 months extra for Perm to get approved if it goes into Audit. If Perm is pending for more than 12 months (which it will if it goes through Audit) you can apply to get your H1b visa extended by a year. I have the same problem too, seems like most Eb2s go to Audit. Eb3 is at June 2013, and hopefully come close to being current next year. I'm thinking of applying under Eb3 because according to the immigration order last month, the applicant can pre-register for I-485 and reap the benefits of having a green card before you get physical possession of the card.
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Atiranjeet
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Posted on 12-19-14 9:03
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@Duderino : Yes one can file through a new perm through a new employer but there is no guarantee that it won't go into audit as well. I heard 40%- 50% cases are going to audit. @prem101: Yes it is through consultancy but the thing is two of us got audited while another's got approved. We filed the perm on the same day. Also, not only consultancy- I have friends whose perm got audited from a fulltime company and university. It is totally random and very discriminatory in nature. Last but no the least- होला उनिहरुको पनि केहि बाद्यता होला तर कति खून चुस्न सक्छ ह्यार जिमुहरुले ...
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Ayus
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Posted on 12-19-14 9:04
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Audited perm will be processed after 18-20 months from the day when your perm filed date. So, your perm wait would be 18-20 months. 65% of perm are being audited these days. I have my perm audited as well..still waiting..Right now they are processing for May2013 as per https://icert.doleta.gov/. So, good luck..
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Atiranjeet
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Posted on 12-19-14 9:40
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@Ayus : Just wondering when was your perm filed, when did you get your audit and how long have you been waiting for ?
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prem101
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Posted on 12-19-14 10:23
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Atrinjeet, I read in Sajha itself that there is 50% chance of going into AUDIT if the job requirement has "DEGREE required with NO EXPERIENCE". But again its totally random and frustrating.
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Atiranjeet
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Posted on 01-09-15 11:18
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By the way, has anyone got and heard about this audit and has his/her case denied ?? Please respond.
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prankster
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Posted on 01-09-15 1:24
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I just had to send a notorized document saying I had paid for GC as for audit's response. That's it.
Aren't you not supposed to pay for your GC?
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Atiranjeet
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Posted on 01-09-15 3:22
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@prankster: You sent by mentioning "I paid" or "I did not pay" ?
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prankster
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Posted on 01-09-15 3:46
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I am saying you are not supposed to pay for your GC, employer has to pay. Effective July 16, 2007, the employers must pay all the costs of preparing, filing and obtaining labor certification, including recruitment and attorney’s fees. The employers are no longer permitted to transfer the costs incurred in the labor certification process to the alien. The DOL rules state that an employer is prohibited from receiving payment of any kind as an incentive or inducement to file, or as reimbursement for the costs of preparation or filing of an application for labor certification. This includes the employer’s attorney’s fees. An employer also cannot recoup the costs by deducting those amounts from the alien’s wages, salary or benefits. In other words, the employer and alien must each pay their own attorney’s fees, and the alien is not allowed to pay the employer’s portion of those attorney fees. - See more at: http://www.hooyou.com/lc/perm_requirement.html#sthash.wanesxOK.dpuf
Last edited: 09-Jan-15 03:46 PM
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Atiranjeet
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Posted on 01-09-15 4:09
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But how would they verify who paid for the perm cost ?
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prankster
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Posted on 01-09-15 4:51
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