Should I withdraw my audited perm


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I have an approved I-140(eb-2) the pd is Aug/06. I switched employer after that my last perm was filed by an inexperienced attorney with language requirement at Jan/10(eb-2). It got audited of course. Now that my pd is close, would it be wise to withdraw it and file a new one since the regular perm process time is around 30 days only now?

I did some research but found some conflict answers. From http://www.******.com/lc/*******.html

I saw

Q: Can I withdraw an application if it is selected to be audited?

A: No. If the application is selected for an audit, the employer cannot withdraw the application and must face any consequences of the audit.

Q: Can one company file two PERM Labor Certification for the same employee for two different positions?

A: No. Under the current DOL practice, one employer cannot have two PERM petitions for the same alien. Even though it is legally possible that an employer files two labor certifications for two different positions for the same alien, the current PERM system cannot allow such filing.

However, I saw many posts on this forum and everywhere else that a second perm is filed after the first one is withdrawn or even the first one is denied. So I am confused, can someone advise?

Whoever have a perm withdrawn, can you share how long it take to receive the withdrawn notice? Do I have to wait until I receive the notice before I can file a new one?


[This message was edited by Admin on April 06, 2011 at 10:08 AM.]

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  • 1 month later...

I believe the depth, number, and complexity of the answers to your questions should be addressed in a separate case-specific consultation since many different variable can affect whether or not it is a good decision to withdraw your pending PERM application, or if the audited PERM is likely to succeed, or how soon you can file a new PERM, and with whom after your employer withdraws your PERM. Also, please keep in mind that if an audit is issued, the audit must be answered, and your employer withdrawing the case at that time could prejudice any future filings.

I recommend that you contact a knowledgeable immigration attorney in regard to your case so that you can obtain case-specific advise in your situation.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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