PERM denied after audit+Appeal done+6th year+HELP needed


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My PD Oct-2010

Audit Jan-2011

Denied Jul-2011

Appeal MTR Jul-2011

H1 expiring Oct-2011

Extension filed and received RFE

Yet to reply to RFE

With all Recaptures 6 years ends in Mar-2012

The Denial was because of some ads issue and employer is saying will NOT file new PERM until appeal decision is not done.

As per Icert portal processing times, Appeals are currently being done for Nov-2008

I need to know what options to avoid going back.

1. Do I have still option to get new PERM filed through different employer?

2. If i get H1 extension till Mar-2012, I know my H1 cannot be transfered to new employer. Is it possible that new employer can file new pERM and I join only when the new PERM is 365 days old and I hope by that my current employers PERM Appeal is still pending and my H1 gets extended

please advice !!

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  • 4 weeks later...

It may be helpful for you to discuss your PERM case with a knowledgeable immigration attorney about your PERM denial to see if your appeal will have a good chance of being approved. During the consultation, you can then decide whether or not a backup PERM application is the best choice for your situation as well as what to do in order to maintain H1B status.

I recommend that you consult a knowledgeable immigration attorney in regard to your immigration situation.

The Murthy Law Firm has a well regarded and well experienced Greencard Department that will be able to assist you. Please feel free to call our office to schedule a consultation.

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