PERM denied.Next options?

immi2best

Registered Users (C)
Hi,
Completed 5.5.yrs in H1B & visa expires by Apr 2013.Working for a consulting company & applied PERM by end of 5th year.PERM has been denied.Notice states that "A new application in the same occupation for the same allien cannot be filed while a request for review is pending with the BALCA"
Planning for appealing with BALCA.Please clarify the following.

  1. Currently I am working in IT industry as Technical Lead.Do they mean IT industry as occupation? or does it mean non-IT jobs such as nursing, catering?
  2. Can I apply for a new PERM with employer B as future employment program while first PERM is pending status with BALCA?
  3. If I do visa trans
fer to employer B, what happens to my first PERM filed thru employer A?

Thanks!
Desi Friend
 
You can transfer your H-1B to employer B as long as your PERM was filed by employer A before your start of 6th year H-1B and you might get 1 year H-1B increments. Your PERM with employer A will continue to process as and how it is suppose to be hopefully if it gets approved you can move to next stage I-140 and if priority dates are current for your country of chargeability you should be able to file I-485. The main issue is employer A should continue to have ability to pay from filing of labor certification date to adjudication of I-485.
 
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