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desi2usa
10-12-2012, 12:20 AM
Hi,
I am on the 6th year of H1B(expires in Apr 2012). Working for a consulting company & applied PERM by end of 5th year.Today received update from attorney as my PERM hasn't been certified.Notice says I can apply for BALCA in next 30 days.Notice states that "A new application in the same occupation for the same allien cannot be filed while a request for review is pending with the BALCA"

Applying for BALCA is advisable?
Is it possible apply for a new PERM with employer B if I apply for BALCA?

Thanks!
Desi Friend

desi2usa
10-12-2012, 12:14 PM
Additional Q: Can I re-appeal with same PERM?

desi2usa
10-13-2012, 11:21 PM
Hi,
Completed 5.5.yrs in H1B & visa expires by Apr 2013.Working for a consulting company & applied PERM by end of 5th year.PERM has been denied.Notice states that "A new application in the same occupation for the same allien cannot be filed while a request for review is pending with the BALCA"
Planning for appealing with BALCA.Please clarify the following.


Currently I am working in IT industry as Technical Lead.Do they mean IT industry as occupation? or does it mean non-IT jobs such as nursing, catering?
Can I apply for a new PERM with employer B as future employment program while first PERM is pending status with BALCA?
If I do visa transfer to employer B, what happens to my first PERM filed thru employer A?

Thanks!
Desi Friend

krupa
10-14-2012, 12:38 PM
This link may be helpfull.

DOL states that under PERM an employer cannot have more than one Labor Certification (http://www.avlawoffice.com/FAQonFiling.htm)

krupa
10-14-2012, 12:40 PM
DOL states that under PERM an employer cannot have more than one Labor Certification ; but permits multiple application.

desi2usa
10-14-2012, 02:08 PM
Thanks Krupa for the link.I understood that employer cannot file new application for same alien while pending status in BALCA.

Being pending status in BALCA (for employer A), can I apply for a new PERM with employer B as future employment program?
If I do visa transfer to employer B, what happens to my first PERM filed thru employer A which is in pending status with BALCA?