You cannot re-file in PERM if the employer is same (unless you are ready to accept that your old application will be denied). If that happens, you'll be stuck with a 2005 PD - which is way worse than May 2003 PD.
I'm in the same boat (April 2003 PD) and was considering re-filing under PERM EB2 - but I've almost given up due to new rules that USCIS/DOL published 2 weeks ago. For your benefit I'm copying and pasting the summary of new rules from the immigration-law.com website:
08/11/2005: "One Employer-One Employee-One Labor Certification" Principle Adopted by DOL
According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
For the details, read the full text of PERM FAQ Round 5.
