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Can we have 2 perms processing at the same time?

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  • Can we have 2 perms processing at the same time?

    Hello,

    I have my PERM applied through company A, and then I moved to company B. The company A PERM application was applied in July 2017 and after 8 months (on March 15 2018) company A received the denial letter for the applied PERM, and was asked to open a "request for review of the denial" within 30 days. My new employer, company B started my new application, and currently we are in the advertisement stage. Can we have a second application process started (still not applied for PERM, we applied only for the PWD, minimum wage) while the first PERM application is still active?

    The denial letter from Compnay A has the below statement:

    "A new application in the same occupation for the same alien cannot be filed while a request for review is pending with the Board of Alien Labor Certification Appeals"

    Does this mean, I cannot apply for the new application with company A "or" I cannot apply for new application with any company? My company B is processing the new application in the same occupation, with the same job title.

  • #2
    Originally posted by smansani42 View Post
    Hello,

    I have my PERM applied through company A, and then I moved to company B. The company A PERM application was applied in July 2017 and after 8 months (on March 15 2018) company A received the denial letter for the applied PERM, and was asked to open a "request for review of the denial" within 30 days. My new employer, company B started my new application, and currently we are in the advertisement stage. Can we have a second application process started (still not applied for PERM, we applied only for the PWD, minimum wage) while the first PERM application is still active?

    The denial letter from Compnay A has the below statement:

    "A new application in the same occupation for the same alien cannot be filed while a request for review is pending with the Board of Alien Labor Certification Appeals"

    Does this mean, I cannot apply for the new application with company A "or" I cannot apply for new application with any company? My company B is processing the new application in the same occupation, with the same job title.
    You can't have two pending PERM applications for the same job opportunity, which means the same position with the same employer. You are allowed to have two PERMs pending at the same time if the employers are different.

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    • #3
      I think you can file for the same employer with a different position.

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