First PERM Denied (MTR / New PERM?) - Please help

[madhumaddi]

Hi All,

My present situation is:

I have filed my PERM with current employer (Let's say A) under EB2 category on May 2012. It got audit on Sept 2012 and denied on Feb 2013. The reason for denial is that, the local news paper, The Dispatch and The Rock Island Argus, used by the employer to advertise the job opportunity of Software Engineers, is not a news paper most likely to bring responses from available workers. My H1B max out time is Sept 2013. So I have only 7 months left in my H1B - 6 years maximum period. I don't have any time to recapture.

Could you suggest me what is the best option among these:

1. File MTR (Motion to reconsider) with current employer and wait for the reply

2. File new PERM with current employer

3. Transfer H1B to new employer (Let's say B) and start PERM with them immediately

4. Considering I travel outside US before H1 expiry, are there any options of extending my H1b once PERM / I140 is approved or I have to to stay out for 365 days for a fresh H1?

5. If company A file the MTR and MTR is in pending at the time of H1 max out time, can we apply for 7th year H1B extension?

Please let me know if any other options are available in this situation.

Thanks in advance for help.

[t75]

Why would you think a MTR would have any effect? It sounds like there was an attempt to NOT find any candidates and the company (and you) were caught. A new employer may not want to file PERM immediately and would have the same problem of finding willing and qualified candidates.

You need to figure out which company you want to work for and then figure out the best strategy with their attorney. It is quite likely that their choice of media was due to their belief that PERM would not be successful in a legitimate search.