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

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.

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Attorney answers 3


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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 be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


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

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.