Approved PERM has incorrect experience listed

Asked 8 months ago - San Jose, CA

My PERM was filed in 2008 and currently I have my I-140 approved in EB3 category. Recently I discovered that the 'minimum experience' required listed in my already approved PERM (due to which it was classified in EB3) is different from the 'minimum experience' required for the job that I am holding. Can the PERM be refiled on this basis ?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . Your employer will probably have to submit a new PERM application on your behalf.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Your employer will need to refile a brand new PERM application on your behalf after having completed yet another "recruitment" campaign. You'll be able to retain your old "priority date" by withdrawing the first PERM.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  3. Alexander Joseph Segal

    Contributor Level 20

    2

    Lawyers agree

    Answered . No need to repost. The answer will be the same one way or another since the question was a duplicate.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more

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