Can I file Perm with the same employer second time?
Posted 13 August 2012 - 02:59 PM
My perm application got audited last year for which my employer replied back, but we have not received any reply from USCIS. Currently the audits of priority dates of dec'11 are being processed and mine was applied way back. My employer wants to file another perm as he says it is a waste of time waiting for the old application to get through.
Is it advisible to apply second perm through the same employer when the first perm was auditied? Please advice.
Posted 14 August 2012 - 03:19 PM
Posted 15 August 2012 - 02:07 AM
Does the employer have a lawyer? If not, they should get one.
Posted 15 August 2012 - 12:22 PM
My worry is that filing a second perm through the same employer, are chances more that it would lead to an audit again? Is it advisable to change me employer and start the whole process with the new employer?
Posted 21 August 2012 - 06:06 AM
To answer your question, YES you can file the second PERM thru the same employer. But you have to withdraw the first one. Because the DOL will not allow to apply multiple PERMs from the same employer. So you have to withdraw the current one and file the new one.
I was in the same situation last year where my previous PERM was in audit for more than a year. So we withdrew the old one and filed the new one. Now my second PERM was approved recently.
It is not certain that a PERM once audited, will get audited again though applied separately by withdrawl. Note that the approval of PERM depends on the correct documentation (i.e. information provided in the PERM application and the supporting documents submitted). Since the PERM is electronic filing, we have to make sure that all the information is entered correctly. Even a single word mistake will sometimes lead to audits. And also we have to make sure that all the documents are submitted correctly in supporting the PERM application. This will make the DOL's job easy, else the audits are inevitable.
I suggest you to discuss with your employer and take the decision. Make sure that all the required documents (supporting) are submitted with the PERM application.
WISH YOU ALL THE GOOD LUCK!!
Posted 17 September 2012 - 08:12 PM
I haven't been able to check the messages recently; Thank you for the reply. I am going ahead with the same employer.
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