Procedure for applying for a second PERM with the same company after first PERM denial and after appeal to BALCA

Asked about 1 year ago - Charlotte, NC

Hi, My company has applied for a PERM and because of a minor mismatch in the documentation it has been denied last month. My case has been appealed to BALCA, so that it can be maintained in "pending" status, making me eligible for a 7th year H1 extention. I am hoping to get a 7th year extention soon, and after that I would want my company to withdraw the first PERM and file a new PERM for me. That being the situation, I have the following questions.
1. How difficult is withdrawing a PERM that is in BALCA administrative queue. How long does the process of withdrawal take. I have heard that once the case is docketted, its difficult to withdraw.
2. Can be employer work on the recruitment effort while the withdrawal process is happening, or does he have to wait until the withdrawal is complete

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    8

    Lawyers agree

    Answered . Step 1: the company hires an experienced immigration attorney.
    Step 2: see step 1

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . 1. It's difficult, but not impossible. What does the company's immigration lawyer have to say?

    2. Yes, to some extent. What does the company's immigration lawyer have to say?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Luis Alberto Guerra

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . My colleagues are correct.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be... more

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