PERM denied, on appeal for 9 years now, what should we do?

Kimber Soak

New Member
I have been renewing my H1B (extension) every year for about five years now because of a pending decision from the Department of Labor/PERM on our case on appeal (since 2009). My employer and I have been thinking of inquiring about the current status of my case but my lawyer has advised us to leave things as is. Is this sound advice? What other things can we do? I am thinking of moving to another state and change jobs. What will happen to my case on appeal? If it does get approved, should I immediately resign my job with the new H1B sponsor to go back to my green card sponsor to render due service? Or am I allowed to finish the year with my new H1B sponsor and then get back to my original employer? If my company changed lawyers to move the PERM decision forward and it is approved, should the company pay legal fees to both lawyers (the original and the second one)? Thank you so much! Blessings and more power.


Registered Users (C)
Since you already exhausted 6 years of H-1B, your current H-1B is extended based on the fact that appeal is pending, SHOULD this appeal be denied or withdrawn you will be out of time & might have to switch to some other status or leave country. You need to find out from current employer what is there policy whether they be withdrawing appeal if you go to some other employer. Even if you were to go to some other employer you might get H-1B based on fact that appeal is pending.