I-140 denial - should i file again

[Marvels92]

Hi!
I am on my H1B since 2018. I have my extension approved now so good until 2024.
My current employer (Small Private Company) had sponsored for my PERM application and it was denied - they gave us the reason that we were missing some documents. My attorney says, no RFE was sent for my case. We filed an MTR appeal which was also denied. I am still employed with the same company and they have offered to sponsor for the PERM application again.

1) Should I re-file with the same employer? I am thinking if the USCIS have all records from the previous application and nothing changes when we re-apply, what are the chances that it will not be denied again?

2) Is it safer to change employers and file with the new employer, a corporate employer?

Please help!
Thank you!
Marvels

[rkk09]

Hi,
Here is my response.
1. If PERM got denied due to Employer related then it is better to not file again with same Employer. If PERM is denied due to some other reason, you can try once. Many Employees has similar issues. When they file again, it got succeed.
2. If you feel you are not comfortable with same Employer, Yes. You can try with another Employer who are ready to sponsor your GC. Please note, for filing and sponsoring GC, it is not compulsory required that, you will need to be employed with the company.
Thanks

[Marvels92]

Thank you rkk09