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Approved PERM has incorrect experience listed

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 ?

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Attorney answers 3

Best Answer

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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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 the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.