Hello All,
My EB2 PERM was filed in 2011 and the priority date is Sep 19th. In Dec 2011, I got an Audit for my case and in April 2012 , the labor department contacted my lawyer and challenged the use of mid week edition of advertisement in Los Angeles times.(In other words my labor was denied)
My 6th year ends in Feb 2013. My lawyer suggested that we re-appeal the case (Reconsideration to the CO) as the priority date will still be maintained and I can still continue to work in states. Meanwhile when the question of the re-appeal being rejected was raised, my lawyer suggested that we file a NEW PERM simultaneous. My employer agreed to do both.
Cannot Appeal and Re-File with Same Employer
Another layer of complexity in this situation stems from a prohibition against the employer's filing a new PERM for the beneficiary while the reconsideration or BALCA appeal is pending. A new PERM application can be filed if the BALCA appeal is denied, or the employer may withdraw the BALCA appeal at any time in order to file a new application
I'm completely clueless that whether we can simultaneously reappeal and file a new PERM by the same employer. Also is there any options available for me?
Would be waiting to get some inputs on this matter.Thanks!
My EB2 PERM was filed in 2011 and the priority date is Sep 19th. In Dec 2011, I got an Audit for my case and in April 2012 , the labor department contacted my lawyer and challenged the use of mid week edition of advertisement in Los Angeles times.(In other words my labor was denied)
My 6th year ends in Feb 2013. My lawyer suggested that we re-appeal the case (Reconsideration to the CO) as the priority date will still be maintained and I can still continue to work in states. Meanwhile when the question of the re-appeal being rejected was raised, my lawyer suggested that we file a NEW PERM simultaneous. My employer agreed to do both.
Cannot Appeal and Re-File with Same Employer
Another layer of complexity in this situation stems from a prohibition against the employer's filing a new PERM for the beneficiary while the reconsideration or BALCA appeal is pending. A new PERM application can be filed if the BALCA appeal is denied, or the employer may withdraw the BALCA appeal at any time in order to file a new application
I'm completely clueless that whether we can simultaneously reappeal and file a new PERM by the same employer. Also is there any options available for me?
Would be waiting to get some inputs on this matter.Thanks!