2nd PERM in Audit


rohitbansal

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Hello Friends,

My First PERM was with PD Jan 2009 which ultimately got denied by DOL in Feb 2011 and now is pending with BALCA.

My company has filed for second PERM in Aug 2012 which went into Audit on 10/25/2012.

My Question

1. Can the second PERM be approved if your first PERM is pending with BALCA.

2. Is it compulsory to pull the First PERM in order for the second PERM to be approved by DOL

Any help in this will be highly appreciated,

Regards,

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You can't have two active PERM applications with the same employer, your employer will need to withdraw the appeal for the first one that is currently with BALCA to have the other reviewed.

If I am correct, employer is not supposed to file the second PERM for the same employee, while the appeal againt the first PERM application is pending review with BALCA.

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