Can I file a PERM while 1.5 months left on my H1B

[KiRavi]

Hi,
Here is my situation:
1) My PERM was applied by employer in May 2011
2) After Supervised Recruitment process, my PERM was denied in Jul 2012.
3) My employer applied an appeal against denial with in 7 days after that
4) Recently on 2nd Jan, 2013 DOL referred my case to BALCA, and asked my employer whether to continue with case
5) My employer doesn't want to continue the case and closing my case. And Employer asked me to return to my home country before expiry of current I-94 (25th Feb, 2013).

In this case, please suggest me an option so that I can continue in USA - how about any of the following options possibility:

* can my current employer or another company apply a new PERM now, by using already advertised job Ad and try to get approval before my H1B expiry (25th Feb, 2013)?
* can my employer file new L1?
* Any other options?

Thanks
Ravi

[KiRavi]

Please, can someone respond with suggestions!

[raghvi]

Hi,
Here is my situation:
1) My PERM was applied by employer in May 2011
2) After Supervised Recruitment process, my PERM was denied in Jul 2012.
3) My employer applied an appeal against denial with in 7 days after that
4) Recently on 2nd Jan, 2013 DOL referred my case to BALCA, and asked my employer whether to continue with case
5) My employer doesn't want to continue the case and closing my case. And Employer asked me to return to my home country before expiry of current I-94 (25th Feb, 2013).

In this case, please suggest me an option so that I can continue in USA - how about any of the following options possibility:

* can my current employer or another company apply a new PERM now, by using already advertised job Ad and try to get approval before my H1B expiry (25th Feb, 2013)?
* can my employer file new L1?
* Any other options?

Thanks
Ravi

When is your 6 Years stay on H1 completing? Is there some time spent outside US during these 6 Years which can be recaptured?

Appeals with BALCA usually take a long time until a decision is made. It may be better to accept a denial and re-file a PERM petition rather than go through a lengthy appeals process, as it will take less time. But at the same time if you file the MTR, Motion To Reconsider, you might be able to get another H1 extension and during that extension file another PERM. But all this is going to cost time, effort and legal fees which employer may not be willing to shell out. Suggest you can talk to an independent good attorney for the same if you want to pursue it.

One of the first condition for L1 is to be having worked outside US with the company's overseas subsidiary for at least 1 year in last 3 Years. If you have been in US for last 3 Years then you dont qualify for L1.



This is my opinion not legal advice.

[KiRavi]

When is your 6 Years stay on H1 completing? Is there some time spent outside US during these 6 Years which can be recaptured?

Appeals with BALCA usually take a long time until a decision is made. It may be better to accept a denial and re-file a PERM petition rather than go through a lengthy appeals process, as it will take less time. But at the same time if you file the MTR, Motion To Reconsider, you might be able to get another H1 extension and during that extension file another PERM. But all this is going to cost time, effort and legal fees which employer may not be willing to shell out. Suggest you can talk to an independent good attorney for the same if you want to pursue it.

One of the first condition for L1 is to be having worked outside US with the company's overseas subsidiary for at least 1 year in last 3 Years. If you have been in US for last 3 Years then you dont qualify for L1.



This is my opinion not legal advice.

Hi raghvi,
Thank you for your response.
My 6 yeras duration is ending by 25th Feb, 2013. And in my last H1B extension got all my vacation time covered, so no chance of buying anymore time after 25th Feb, 2013.
Is it possible to go with another employer for new PERM, provided they already completed Advertisement process by now? I know chances of obtaining approval by 25th Feb may be less, but do we have at least 25% chances of getting approval within a month?