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New PERM for same employee and same position filed while BALCA case pending for previous Denied PERM
Anonymous3 views3 answers
My previous PERM was denied on the grounds that " all resumes were on the recruitment sheet were not included" with the audit response. Since my H1-b was expiring , we continued to have the case in BALCA while preparing for a new PERM. The new PERM is ready and was filed on Dec 18th but the BALCA case was not withdrawn because attorney wanted to be on the safe side and only withdraw once the sponsorship verification email was received. The sponsorship verification email never came and the employer wrote a certified letter, email and voicemail to get status. DOL responded that the new PERM is "In Process"
Questions:
-Is this email good enough for us to go ahead and withdraw the BALCA case?
- The new PERM was filed BEFORE the BALCA case was withdrawn, any complications possible due to this?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Your highly complex and case-specific questions are beyond the scope of a general forum such as this and should be posed to the employer's immigration lawyer(s) or during a paid consultation with an immigration lawyer experienced in labor certification cases.
The appeal pending with BALCA should have been withdrawn prior to filing the new Form 9089 with DOL. Hopefully your employer will not have DOL catch on to the fact that it was not and DOL will continue to allow the new PERM to proceed. Failure to withdraw the pending appeal with BALCA prior to filing the new PERM was a foolish (and amateurish) move in my humble opinion. DOL can come back and "bite" anytime, even months after the new PERM has been supposedly pending.
I agree with my colleague. It sounds like you have an immigration attorney and you should follow their advice on when & whether to withdraw the BALCA case.
