PERM filed in Oct2007 Still Pending

[SK2000]

My employer filed a PERM for me in EB2 category in Oct'2007, which was audited in Feb'2008 and responded immediately. Since then it was in pending state, and we were just waiting. However, when I spoke to my employer recently, he happened to mention that the case is now with "BALCA". When I asked further details, he said he will talk to their attorney and let me know. I haven't been able to get any details ever since despite numerous attempts.

I wonder - What are my options?

I'm already in the 8th year on H1B, and don't have PERM filed through any other employer.

Any thoughts, insights, suggestions are highly appreciated.

[Rachel123]

Hi SK2000,

we are in the same boat as you. Filed PERM in oct 2007 (at the end of 6th year H1B) audited in NOV 2007, responded in NOV 2007, PERM rejected in OCT 2009. The case has been appealed to BALCA. We have been getting one year extensions based on the pending appeal at BALCA.

We are trying to file a new PERM now. I guess it will be the best option for you too...

[SK2000]

Thanks Rachel123,

I do have option to file another PERM through same employer, but having waited for 3.5 years, can't let go of that Priority Date so easily. If I knew success rate of such cases, it would be easier to make up my mind and take a decision.

Are you filing through another employer, keeping existing PERM intact?

[Rachel123]

We heard that BALCA decision can be either way. And there is no time frame with in which we can expect an answer, just like DOL audit cases...

We are filing through a different employer keeping the old one intact (there was a merger meanwhile and hence the new employer...).

[Rachel123]

We received a denial notice for our appeal at BALCA on may 31st.