Perm rejected. Can we apply for new perm while the 1st one is in BALCA review?


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Hi. My husband applied for perm in Jan 2013 and it was rejected on Apr 23, 2014. The lawyer suggested that we appeal for reconsideration. If this goes to BALCA review, can we apply for a fresh perm through the same or different employer? His H1 is expiring in october 2014 and his cap for 6 yrs ends in Jun 2015. I feel like we are running out of time and we have no options. Any suggestions regarding any other options we might have would be very helpful. Thanks in advance!

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Yes you can file with new employer other than current one.

You can have your employer file for new PERM for anothe position within the same firm.

There are other options for withdrawal of case from BALCA. Please have your employer talk to attorney. Attorneys can suggest alternatives about options in PERM process your case better than anyone else can on forums.

It also helps to know why your case was is in BALCA.

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