Frequently Asked Questions - Audits

Audits about Telecommuting

DOL indicates that this kind of question on an audit where the work location and residence location are close together is likely a training issue. DOL does, however, believe that it is appropriate to inquire about this kind of issue where it is unclear why the residential address and the work address are far apart from one another, and does issue audits on that basis where appropriate.

PERM Audit & H1 extension beyond 6 yrs

You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.

PERM Audit and H-1 Expired

While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.

Mandamus against PERM delays

All things considered, in my view, a Mandamus is possible. But the chances of success are remote at least in DC circuit. Typically, in delay cases, courts do not interfere with the executive branch of the govt. At the very least, lawsuits draw attention to difficult issues. I think a petition to the govt. should be the first step. May be the worthy President can help. Although, speedy processing in this environment is certainly not a politically popular issue, but we have all followed the laws and the promise of the laws.

PERM Audit and Related Questions

It IS possible for your green card to remain unaffected even after the corporate change over.