How to withdraw an approved PERM

[statsguy]

Hi

 

I have an approved I-140 under EB-2 from my previous employer and my H1B extensions are done through it. My current employer filed for PERM recently and it has got approved, the issue now is the lawyer says he made an error while filing the PERM process and it wont qualify for EB2.

 

The job requirement given by the employer was

Masters and 1 yr of relevant experience or Bachelors and 5 yrs of experience.

 

But the lawyers has mentioned it as Masters and 1 yr of relevant experience or Bachelors and 3 yrs of experience. They found the error now but the PERM has already been approved. I don't want go ahead with I-140 since this will only qualify for EB-3. Can the employer withdraw the petition and refile it with correct requirements.

 

Thanks

[premkalyan521]

The easy way to avoid this is apply for new perm