Second Perm with same employer when previous case is under audit

[Greenheritage]

Hi all

I applied for first PERM (EB3) on FEB 2012 , and it got audited due to my attorneys mistake on June 7,2012. Replied to audit on 15 June 2012.

Now i am planning to change the attorney and apply for fresh Labour.

So my question is

Can i file PERM (EB2 or EB3) through SAME EMPLOYER even when the case is under audit in progress?

Pls help me.

Thanks

GH