Switching between PERM

[greatdesi_2]

Hi,
Completed 5 yrs in H1B, got an audit for PERM & responded to it.I don't trust on audit cases.To be safer, planning to apply for second PERM with different employer.

#1.Worst case I can go for appeal on the denied first PERM.Guessing my appealing is denied by Feb 2013
#2.Second PERM is pending processing till Nov 2013 ( which is more than 365 days).I will apply for H1 extension during Nov 2013
#3.Between Feb 2013 to Nov 2013 I will convert to H4.I will switch back to H1 from Nov 2013.

Is my assumption correct? I am planning to consult with attorney sooner.

Thanks!
Desi Friend

[hireitpeople]

Hi,
Completed 5 yrs in H1B, got an audit for PERM & responded to it.I don't trust on audit cases.To be safer, planning to apply for second PERM with different employer.

#1.Worst case I can go for appeal on the denied first PERM.Guessing my appealing is denied by Feb 2013
#2.Second PERM is pending processing till Nov 2013 ( which is more than 365 days).I will apply for H1 extension during Nov 2013
#3.Between Feb 2013 to Nov 2013 I will convert to H4.I will switch back to H1 from Nov 2013.

Is my assumption correct? I am planning to consult with attorney sooner.

Thanks!
Desi Friend

#1.Worst case I can go for appeal on the denied first PERM.Guessing my appealing is denied by Feb 2013

Yes, you can.

#2.Second PERM is pending processing till Nov 2013 ( which is more than 365 days).I will apply for H1 extension during Nov 2013

Yes
#3.Between Feb 2013 to Nov 2013 I will convert to H4.I will switch back to H1 from Nov 2013.
Yes, may be

Is my assumption correct? I am planning to consult with attorney sooner.

Yes



NOT A LEGAL ADVICE, USE AT RISK