mdv1122 Posted December 31, 2011 Report Share Posted December 31, 2011 Hello all, Please advice… My first PERM was applied in May 2009 and received audit in April 2010, audit replied and got denied in April 2011. Applied for request to reconsider in April 2011 and applied for new PERM with new job position in July 2011. In October 2011 2nd PERM was approved and filed I-140 and approved in November 2011. In October 2011 Motion to reconsider the denial of the 2009 Perm was filed. In November this was again denied and the case was forwarded to the BALCA for administrative review. Could you please advice if i can still pursue the appeal or withdraw it? i have appealed for the 1st labor only to retain the 2009 priority date. Time line 1st labor - May 2009 Audit Received - April 2010 Audit replied - April 2010 Denied - April 2011 Request for reconsider - April 2011 Denied - October 2011 Motion to Reconsider -October 2011 Denied and forwarded to BALCA- November 2011 2nd Labor (New Position) - July 2011 PERM Approved - October 2011 I140 applied - November 2011 I140 Approved - November 2011 Thanks in Advance MDV Link to comment
kb2020 Posted December 31, 2011 Report Share Posted December 31, 2011 your post is hard to read ( size of the text is too small) Link to comment
mdv1122 Posted January 1, 2012 Author Report Share Posted January 1, 2012 sorry for the mistake.. Hello all, Please advice… My first PERM was applied in May 2009 and received audit in April 2010, audit replied and got denied in April 2011. Applied for request to reconsider in April 2011 and applied for new PERM with new job position in July 2011. In October 2011 2nd PERM was approved and filed I-140 and approved in November 2011. In October 2011 Motion to reconsider the denial of the 2009 Perm was filed. In November this was again denied and the case was forwarded to the BALCA for administrative review. Could you please advice if i can still pursue the appeal or withdraw it? i have appealed for the 1st labor only to retain the 2009 priority date. Time line 1st labor - May 2009 Audit Received - April 2010 Audit replied - April 2010 Denied - April 2011 Request for reconsider - April 2011 Denied - October 2011 Motion to Reconsider -October 2011 Denied and forwarded to BALCA- November 2011 2nd Labor (New Position) - July 2011 PERM Approved - October 2011 I140 applied - November 2011 I140 Approved - November 2011 Thanks in Advance MDV Link to comment
alien23 Posted February 1, 2012 Report Share Posted February 1, 2012 Your 2nd 140 is approved, so you are good to go when priority date comes to July 2011. The only reason why the BALCA case is worth pursuing is your 2009 priority date which is current right now. And even if the BALCA case is rejected, you still have the approved 140. Link to comment
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