MTR and Refiling in PERM

[vsharmaimm]

Hi,

My Perm application got denied because the lawyer put a wrong date for the Sunday Ad which happened to be a Monday. We had actually advertised for a Sunday. We filed an MTR in November of 2005 as our recruitment was stale.

Now we are in a limbo, as I am in the sixth year of H1B.

If we refile, by following all the recruitment procedure again, would we be needed to withdraw the MTR?

Thanks

 

[scatcat]

Best thing is....

Keep the MTR going...apply labor with another company...that way you can get away with H1 extension atleast once and then for the next extension you would have cleared labor with the new company and probably have I-140 as well. I think that is the only way to go.

Hi,

My Perm application got denied because the lawyer put a wrong date for the Sunday Ad which happened to be a Monday. We had actually advertised for a Sunday. We filed an MTR in November of 2005 as our recruitment was stale.

Now we are in a limbo, as I am in the sixth year of H1B.

If we refile, by following all the recruitment procedure again, would we be needed to withdraw the MTR?

Thanks

 

[vsharmaimm]

How?

But this is difficult, as I cannot be working for this other company.

The H1B can however be extended on the basis of the MTR?

 

[scatcat]

As long as labor is pending...yes you can

Whether it is MTR or pending, labor is pending and you can get labor extsn based on that. You need not work for another company to file PERM, it can be applied on the basis of future employment.

But this is difficult, as I cannot be working for this other company.

The H1B can however be extended on the basis of the MTR?

 

[vsharmaimm]

No, what I am trying to say is, it is difficult to find such a company, except for by paying a big sum.
If you are working for them, it is pretty inexpensive.

Looks like the best option for me is to wait for the MTR resolution, as I can use the MTR for the H1B extension anyways.