a very good article on the multiple filing. Basicly it's not a clearly YES. But it's certain permitted. So I believe we can won the battle, but may lose precious time.
http://www.immigration.com/newsletter1/permfaqupdate2105.html
and
http://www.morganlewisresources.com...cationID/9da436ba-d220-41e1-93fc-9418003b844e
Quoted as "
DOL Revises its Position Against Multiple Labor Certification Applications for Same Employee
On August 11, 2005, the Department of Labor (DOL) posted a new round of FAQ responses on its PERM Web site (
http://workforcesecurity.doleta.gov/foreign/perm.asp). The responses included an apparent prohibition against employers having more than one labor certification application in process at the same time for the same employee. The DOL stated that, under PERM, an employer could not have more than one labor certification application actively in process for any one employee at the same time, even if the job opportunities were different, and indicated that, upon the certification of a labor certification application, it would deny all other pending applications by the employer for the same employee.
On August 25, 2005, in an apparent retreat from the prohibition against multiple filings stated in the DOL’s August 8, 2005 PERM FAQ Web page, the FAQ now reads that the “Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near future.”
How This Affects You
Because the existing PERM regulation does not prohibit multiple labor certification applications, the DOL’s FAQ response posted on August 8th lacks regulatory authority and may violate the required rulemaking process. Given the significant objections raised since the August 8th posting, the DOL is revisiting its position. The multiple filing prohibition that was supposed to take effect August 31, 2005 is likely to be retracted. For now, multiple filing is still permitted.
We will provide further information as soon as it becomes available.
"