TWO PERMS FROM THE SAME EMPLOYER/EMPLOYEE COMBINATION

[gimmeperm]

Dear Members,

In a perfect sandwich case i'm stuck between choosing my FIRST PERM (that's in appeal denied due to travel req ) and SECOND PERM filed last week under diffe Job title than the first perm.

i know as per DOL guidelines an employer should never have 2 perm applications for the same employee whether or not the job title is same or different.

Note from dol faq

In view of the past practice of allowing the filing of multiple applications by the same employer for the same foreign worker if the job opening was different, why, under PERM, is the employer precluded from having more than one application for the same foreign worker actively in process at any given time?

We have removed the response to this question posted on August 8, 2005. The Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near future.

If you were/are in the same boat as i'm right now. Please share your thoughts as to how you handled it.Did you withdraw the first perm before filing the second one ? If yes, Did DOL force you to withdraw one of the Perm's after the new perm submission or did it process the second perm straight away ? or was the second perm audited ?

Basically my lawyer is suggesting me to withdraw the appeal as he thinks the appeal might jeopardize the new perm. But if i withdraw the appeal and second one gets audited i will get screwed as i don't have enough time to wait for an audit approval ( i only have 9 Months ).

Please share your 2 cents.

Thanks in Advance !

[Dejected09]

gimmeperm,

I am not sure about what are the exact DOL regulations for this.

But there are members who have filed two PERMs with same employer but with signifcantly different job duties.

Infact some of them have their second PERM approved while 1st one still being in Appeal phase.

May be Attorney from Murthyforum can answer about specifics related to regulation.

[ravi26usa]

I have seen a friend of mine holdingmultiple PERMS with same employer.Although one of them was under reappeal,she got the new PERM approved.

Thanks

Ravi

[ravi26usa]

I have seen a friend of mine holdingmultiple PERMS with same employer.Although one of them was under reappeal,she got the new PERM approved.

Thanks

Ravi