Initial PERM application withdrawn, can the same company apply GC again?

[kewlh1guy]

Hi,

Company A applied my PERM in June 2009. I moved out of US during Dec 2009, and during this time the PERM went to audit and Company A had withdrawn the PERM as i moved out of US.

I came back to US recently after couple of years stint outside the US and since am eligible for applying under EB1 category, can Company A apply my GC again under EB1? or is there any rule saying that a company can file/apply GC only once per candidate?

[ineedgc555]

Hi,

Company A applied my PERM in June 2009. I moved out of US during Dec 2009, and during this time the PERM went to audit and Company A had withdrawn the PERM as i moved out of US.

I came back to US recently after couple of years stint outside the US and since am eligible for applying under EB1 category, can Company A apply my GC again under EB1? or is there any rule saying that a company can file/apply GC only once per candidate?

Is Company A your current employer?

I guess you are referring to criteria on USCIS wesbite. "You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer."

I really think this should be removed from the criteria for many reasons, perhaps its easy for certain companies to keep their favorite people here.....I am pretty sure that if the so called "managerial or executive" was still off shore, it will be business as usual here.