H1b 7th year extension approved with pending perm that will be withdrawn

[permdenied]

Hi all,

My perm was filed in April 2022. It went to an audit and my attorneys responded to the audit but they sent an incorrect document because of which my perm was denied in May 2023. My attorneys filed for an MTR with the DOL. I had to leave the country because I was almost about to hit my max out.

On the advise of my attorneys I filed for a 7th year extension based on the pending perm and it was approved until December 2024.

I have a stamping consular appointment scheduled in one of the consulates next month but my attorneys are asking me if I they can withdraw the MTR and that they would file a new perm. The prevailing wage, news paper ad, the perm draft are prepared. They just have to withdraw the existing perm and file a new one.

Could you please let me know if this is a good decision? If my attorneys withdraw the MTR, would I have issues during my consular stamping interview given that there would not be a perm pending at that time? Would I get into trouble later in the future?

[Attorney_20]

Withdrawal of the MTR will not impact your current approval until December 2024, and is necessary to file the new PERM. You will not be able to extend beyond December 2024 without an I-140 approval.