metaman said:
Can one file under PERM while you have a Labor Cert pending? If so could you point me to the official documentation pertaining to it.
Thx
77392 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations.....§ 656.17 Basic labor certification process....
(d) Refiling Procedures. (1) Employers that filed applications under the
regulations in effect prior to March 28, 2005, may, if a job order has not been
placed pursuant to those regulations, refile such applications under this part
without loss of the original filing date by:
(i) Submitting an application for an identical job opportunity after
complying with all of the filing and recruiting requirements of this part 656;
and
(ii) Withdrawing the original application in accordance with ETA
procedures. Filing an application under this part stating the employer’s desire to use the original filing date will be deemed to be a withdrawal of the
original application. The original application will be deemed withdrawn
regardless of whether the employer’s request to use the original filing date is
approved.
(2) Refilings under this paragraph must be made within 210 days of the
withdrawal of the prior application.
(3) A copy of the original application, including amendments, must be sent to
the appropriate ETA application processing center when requested by the
CO under § 656.20.
(4) For purposes of paragraph (d)(1)(i) of this section, a job opportunity shall
be considered identical if the employer, alien, job title, job location, job
requirements, and job description are the same as those stated in the original
application filed under the regulations in effect prior to March 28, 2005. For
purposes of determining identical job opportunity, the original application
includes all accepted amendments up to the time the application was withdrawn, including amendments in response to an assessment notice from a SWA pursuant to § 656.21(h) of the regulations in effect prior to March 28,
2005.