Govt error and BALCA queue for PERM

[depressedsoul]

Hi,

This is about the labor filed under EB2 category by employer X. X is going to be my future employer and I haven't started working for him yet.

This is what happened in my case. Our attorney was preparing to file PERM for me in the month of April. They applied for PWD, and started recruitment process before getting the PWD. This should have been fine if they had filed my PERM before my PWD expiry. The original PWD was given for 90 days.

But they delayed it thinking they can extend it beyond 90 days but unfortunately DOL closed the PWDs when they were about to extend. Since the time frame was not given by DOL, they thought it's okay to file the PERM even though PWD is expired. They thought it's a Govt error.

In October, they got the intent of denial notice from DOL. Our attorney argued that it's a govt error since there was no PWD extension given. They filed for Govt error based on Keynotes Systems Inc judgement. It was filed under BALCA queue or appeal.

It was fine until Dec 1.On Dec 1, DOL stated that they can't give any approvals based on Keynotes Systems Inc judgement,etc. Basically DOL took reversal of the stand on that Govt error issue.

Now,it's clear DOL is going to deny my PERM. Our attorney says, AILA is still working with DOL but he insists filing new PERM since it may take longer to know the result.

Can murty.com lawyers shed more light on this issue??

I understand if we file a new PERM the position and job description has to be different for the new position since the old one's still pending. Please correct me if I'm wrong about filing second PERM through same employer,X.

Thanks,