Labor forwarded to BALCA

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Hello All,


I applied my perm in Aug 2012 and after receiving multiple audits, it recently got forwarded to BALCA. I just got my eight year extension with pending labor and my petition is valid till Sept 2015. Please let me know which option is best for me?


1) Per my understanding, BALCA cases will take another 1 - 2 years and most probably, it will get rejected. Is it right?

2) My attorney is asking me to file a fresh perm with the same employer by changing my job title and description. To be honest, I have no idea if it will work or not. I thought I would get more audits in this case. Will it work?

3) If I switch to a new employer and then file a new perm, I am aware that I will not able to retain the priority date but is there any other disadvantage? I thought the probability of getting this new perm approved (with a new employer) is more compared to the new one filed by the same employer. Is it right?

4) If I opt for option 3, I am sure the new employer will not be able file the perm by Sept 2014, in which case I will not be eligible for next year extension since it will be less than 1 yr before the petition expiration date(Sept 2015). Is it right? Or Can I use my old perm (which is in BALCA now) for next year extension?


I know everything varies case by case but still like to know your views. Please throw your valuable inputs for my above questions. Thanks.



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