Options - 9th year H1B. 1 PERM in BALCA, 2nd PERM Audited

[yashforperm]

Hi,

 

I have a real tricky situation with my GC. My first PERM was filed for EB3 role in Oct 2010 by my employer. This was rejected and then sent to BALCA. This case is pending still. 

In the meantime the same employer applied for my second EB2 PERM in Jan 2012. This application was audited and currently in progress. I have completed 8 year in H1B and my 9th year H1 extension was filed in oct 2013. I have received an RFE in the extension application as well. 

Do I have any option to switch to a new employer B using the pending BALCA perm? 

Please help with some suggestions if any. 

 

[tejasP]

As you applied EB 2 PERM in  Jan 2012, its one year in pending status. You can use it and change employer requesting 1 year H1 transfer but I am not a lawyer.