PERM approved, but need a H1B amendment now. 1. Need to restart PERM process? 2. Can I file 140 now with H1B amendment pending?

Asked about 1 year ago - La Jolla, CA

My labor certificate (PERM) was approved last month. But I need a H1B amendment. Do I need to restart the PERM process? Or it is still valid despite the H1B amendment I am going to make? Can I go ahead to file I140 with the H1B amendment pending? If my I140 is approved before I know the result of my H1B amendment, do I need to do anything about my approved I140? Please help.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . What you need is to ask this question of your employer's attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . Your employer needs to retain an experienced immigration attorney to review the pertinent facts to make that determination.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. C. C. Abbott

    Contributor Level 20

    Answered . I agree with my colleague. This information needs to be provided to your employer's attorney who prepared and filed the PERM. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more

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