EB3 PERM Denied and with BALCA. Can I apply for EB1-C now?

GCWAIT007

New Member
Hi,
My employer filed my GC in EB3 earlier and the PERM got denied. The MTR also got rejected and appealed with BALCA now. I got my H1-X approved, based on the pending PERM.
I can be eligible for EB1-C, based on my role at offshore before coming to US and my employer is ready to file a new one under EB1-C.
Do I need to withdraw EB3 PERM before filing for EB1-C?
Can we go ahead with EB1-C leaving PERM with BALCA, so that I can maintain H1 status, incase EB1 also gets denied?
Pls advise.
 
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