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Proof of pending PERM for H1B extension based on pending PERM from old employer

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My old employer A filed a PERM for me on 8/25/2011 and was selected for Supervised recruitment on 7/19/2012. Based on quarterly updates provided by DOL, I dont see a final decision or withdrawal done by my previous employer yet on that case.

I have not asked that employer to check the status of my PERM as I am worried that may prompt them to withdraw the case even if they have not yet withdrawn.

My current employer filed PERM for me on 2/5/2013 and is still under process. My max out date is Nov 27, 2013. Now, I may need to use the old PERM for H1 extension (based on 365 day rule) since my current employer's PERM filed on 2/5/13 may still be pending before my max out date 11/27/13 if audit comes on that case.

I have ETA 9089 form of my old PERM. I believe I need a screenshot or letter from DOL showing PERM is still pending for getting extension.

Can I use DOL FOIA to get a letter or screenshot or other workaround to get needed docs for extension.

Can we ask USCIS to directly verify the status of PERM with DOL

I am pretty positive that the old employer would not have withdrawn the PERM since it was selected for Supervised recruitment and they should not withdraw cases in such scenario. But I am not sure I should ask them for a screenshot.

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Hi Vishu, 


My case is very much similiar to your case. I got my labor submitting by my previous employer in Jan 2012 but is still in processing in pending status, with an audit that was responded back by my previous employer in June 2012. I started with my current employer in May 2013 and my current employer is asking for a letter from my previous employer stating that the PERM is still pending, I did get the information from my previous employer that the PERM is still pending and my previous employer is willing to  move forward with a H1 transfer provided I am able to get a confirmation of my project with my current client. 


What happened to your case, were you able to get to your extension approved? or were you able to get a letter from your previous employer with regard to the PERM pending status? or did you get that information by providing any form to the DOL, please let me know any inputs that would be helpful from your case.. would really helpful for me. 

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