PERM Audit received on 6th year of H1--options


rsbiggun.alert@gmail.com

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Requesting for legal expert suggestions and advice please.. I will be really obliged if you can provide answers.

my PERM was filed with EB2 in EB2 category in 2nd week of Dec 2011. Received an audit in Last week of march 2012. Audit mentioned pointers like. 1. proofs that there were no eligible, available, willing US worker. their resumes and recruitment report and contact logs.

2. Proof of using employee referral program for the job position.

3. Proof of geographical location information and travel requirements provided to the applicants.

Note: My PERM was filed prior to 365 days of 6th year H1 expiration date hence eligible for extension while PERM decision is pending.

my questions are as below:

1. After my employer1 gives response to this audit, can a different employer2 file my PERM meanwhile the audit is in review/pending decision filed by employer1?

2. If the above answer is YES can the 1st PERM audit impact my 2nd PERM processing through a different employer2?

3. Since i am in my 6th year of H1, should i extend my H1 while remaining with the employer1 while PERM audit decision is in process or can I switch my job to employer 2 and still be able to do 7th year H1 extension through employer 2 ?

4. Can my employer1 withdraw the PERM after responding to audit if I leave employer1 afterwards ?

5. what are my other possible options.

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my questions are as below:

1. After my employer1 gives response to this audit, can a different employer2 file my PERM meanwhile the audit is in review/pending decision filed by employer1?

Yes

2. If the above answer is YES can the 1st PERM audit impact my 2nd PERM processing through a different employer2?

No

3. Since i am in my 6th year of H1, should i extend my H1 while remaining with the employer1 while PERM audit decision is in process or can I switch my job to employer 2 and still be able to do 7th year H1 extension through employer 2 ?

Stay with ur Employer1 and file for extension.Move to employer2 when PERM is approved.

4. Can my employer1 withdraw the PERM after responding to audit if I leave employer1 afterwards ?

Yes but who cares.You will have your PERM approved from Emp 2 anyways so.

5. what are my other possible options.

File future emplyment PERM's with multiple employers and test ur luck.

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