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Filing PERM again after denial

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  • Filing PERM again after denial

    Hi everyone,
    My first PERM application was denied because of a minor mistake made by the lawyer (year of graduation was incorrect). My employer started a new PERM process including advertisement and let the old application expire. Employer received an email from NPC regarding the denial, but they never withdrew the case.The attorney filed a new PERM after finishing new recruitment process. I have the following questions.
    1. Is it okay to file a new PERM, or should they have withdrawn the original case first?
    2. Is it certain that the case will go to audit?
    3. What is the difference between audit and review?
    4. I have about 5 months left on my H1B visa. If the PERM goes to audit, then the H1B visa will expire before it is approved. If I leave the country 2 weeks before the H1B visa expires, will I be eligible to apply for H1B visa extension after the I-140 is approved?

  • #2
    1. Yes
    2. No
    4. Yes
    Just an opinion; Not legal advice.

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