View Full Version : PERM Denied...next steps?

01-25-2013, 03:46 PM
Hey guys,

I just got my PERM denied few days back post an audit. Reason, Business Necessity was not well justified. My employer thinks there is no benefit in going for MTR/BALCA.

1. How long to wait (mandatory) before re-filing new PERM with same employer?

2. Is #1 any better, given the denial reason they provided?

3. Is it OK to switch employer at this stage, considering I received a PERM denial?

4. Any obvious red flag CO might raise if I filed through another employer, with or without joining the new employer?

Thanks in advance for your valuable input.

01-25-2013, 11:03 PM
Hang in there my friend. I know this is tough time. I went through this in 2011 as well. My LC was denied and the MTR was denied and it was sent to BALCA in Sept 2011. It is still pending with them. I was fortunate that my employer filed a new labor app that was eventually approved.

To all your questions the answer would depend on - Do you have enough years (at least 1) of H1B remaining?
If not - you may not be able to switch employers. It may be nice to file an MTR and get an H1B extension right away while that is pending. MTR would be useful only if your company / lawyer can provide documentation that was not already submitted and that is relevant.
If yes - you may want to consider switching employers.

A new labor may be filed for you at any time. You may be able to use your existing PWD and advertisements thereby saving some time.

As for any red flags a CO may raise -- I think there should not be any. However your lawyer and HR would be in the best position to answer.

Hope all goes well.

01-28-2013, 08:38 AM
Thanks for the motivation...I do have 140 approved under EB3. So getting H1 extensions is not a biggie for me. All I need is an approved EB2 PERM...

My employer deems MTR/BALCA is no good in my case, since the documentation was done at it's best.

I am already past the expiration date (validity) for PWD and Ads, so the process needs to begin from scratch for me.

I am not sure what to do in terms of retaining/switching employer. Let's see. Thanks again!