PERM denied on audit waiting for appeal


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My company filed PERM on Aug 2012 before my 5th year end of H1B. Got audited on Nov 2012 and got denied because it determined that the employer did not satisfy a certain pre-filing recruitment. Appeal is filed on Sept 2013. H1B 7th year extension file on Oct 22,2013 based on the fact that PERM is pending more than 365 days. My question is that

1) If the PERM get denied in the appeal what are my option?

2) Can another employer file PERM and if it get approved before the appeal decision can I stay based on approved PERM and I-140?

3) Since the new PERM is filed after my 6th year end, do I have to go back to India for 1 year?


Thanks in advance,



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