Perm process restart

[Sandra_123]

Is there anyone in this group in same situation like me of restarting complete perm process from prevailing wage determination while step 3 which is filing of ETA Form 9089 is done and in process ?My perm process started in june 2020 and due to corona it was so delayed and just one month back step 3 started and now company attorney is saying need to refile PWD since it was approved at high salary by DOL and company cant provide that salary when they file I485 for me after perm approval since for me I140 & I485 can be filed in concurrent once perm approved.
My L1B is expiring in Feb 2022 and my H1B petition approved 2 years back and company is applying for change of status this year on premium and its valid till August 2022.Can i stay in US renewing H1B on the basis of the perm which is currently in progress till i get new perm. Attorney says the perm which is ongoing now will be approved by November and now they will start with PWD again.
Someone please throw some light and help on this.
Its really heart broken to hear they are restarting after a year of struggle.

[rkk09]

Hi,
Please see my response below.
Can i stay in US renewing H1B on the basis of the perm which is currently in progress till i get new perm
Answer: Please note, PERM process is different and H1B process is different.. If you want to continue on H1B, then you will need to extend or do change of status based on the situation. But, PERM can be processed when you are in abroad too.
Attorney says the perm which is ongoing now will be approved by November and now they will start with PWD again.
Answer: I am confusing with this statement. For filing PERM, you will need to complete advertisement and PWD certified. if you already have PERM filing then why do you need again PWD filing?
If your employer needs new PERM filing then they will need to complete again PWD and recruitment process. If you already has PERM filing then you will not need new PWD determination.
Hope this clarifies.
Kindly let me know, if you still have questions.
Thanks

[Sandra_123]

Hi
Thanks for above reply.
Yes my employer will file for change of status for H1B so i will move from L1B to H1B but its valid only till Aug 2022.
Then my PWD & recruitement was completed by DOL approved my PWD for high salary which my company cannot pay me but they proceeded with recruitment phase since they want my perm to be approved to file for h1b renewal when it expires on aug 2022.So now they told again they will go with same PWD process from step1 since now there is change of rule.
So they are saying they can renew my h1b next year august with old perm which i really dont get it.

[rkk09]

Hi,
I think they would have applied for redetermination. If that got certified, then they can file PERM. But I am surprise, how they will extend your H1B with the help of old PERM. If PERM is pending for 365 days then they can request extending H1B for one year.
Hope you will get I-140 Approved before your H1B expires.
Thanks

[Sandra_123]

Hi
Yes my perm is filed before 365 days.H1B expiry is on aug 2022 and perm filed on June 2021(Old one) which is under process.
Looks like they didnt do redetermination since that will delay the process since H1B expires on Aug 2022 so they thought they will get perm approved and again apply new PWD.
I also dont understand how they are going to do it.

[TomHiddlestonn]

It sounds really frustrating to have to restart the entire perm process after such a long delay. It's understandable that you feel heartbroken about this. As for staying in the US while renewing your H1B, I would recommend discussing this with your attorney to get the best advice for your specific situation