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

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

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Attorney answers 3

Posted

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 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.

Asker

Posted

Thanks Attorney. Can my company start with the recruitment effort while the appeal is still in progress. That way I can save 1-2 months of time. or should they wait for the recruitment until the withdrawal is complete.

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

My colleagues are correct.

Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.