Second PERM for same employer for same position?

[us97007]

Hi all,

 

My 1st PERM got denied due to attorney's error (failed to mention professional exams under Section K of ETA-9089). MTR also denied on 1/26/2016. It's now pending BALCA appeal.

 

My 6th year of H1 is ending 9/30/16 and attorney will file 7th year H1 extension (for period 10/1/16 to 9/30/17) based on pending BALCA appeal.

 

Attorney will be filing 2nd PERM (same position) on 4/15/16, after getting 7th year H1 extension and after withdrawing from BALCA. My concerns are that...I've read the following 'trigger for Supervised Recruitment':

 

"Applications by the same employer and employee that are resubmitted after denial within the calendar year"

Do you guys think filing 2nd PERM for same position by same employer is a big no-no and/or extremely risky?

 

Many thanks for your help!

[us97007]

Please advise!

 

Any help will be appreciated.

 

Thank you in advance..