it is not agains any law/rule to file multi PERM

来源: DO-PERM 2007-09-17 12:23:12 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1628 bytes)
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Can an Employer File Two Labor Certifications for the Same Employee? The DOL addressed whether a labor certification (LC) can be pending both through a filing under the pre-March 28, 2005 system and the new PERM system for the same employee. The DOL had stated previously that they disfavored the practice, but had taken no formal action against it. There are a number of reasons an individual and his/her employer might want to maintain both cases. While individuals and employers are motivated by the potential of a fast approval under PERM, and a re-filing may be needed due to a change in position or job offer, they often need the old case for H1B seventh-year extension purposes. Additionally, older cases have older priority dates that may be particularly useful for those from certain countries, like India, mainland China, and the Philippines, affected by the retrogression of visa dates under the EB3 preference category. No one wants to disrupt a case for which s/he has been waiting for years. Therefore, many individuals and their employers were interested in keeping their pre-PERM cases pending while also filing under PERM. The DOL is trying to put an end to this practice and they have clearly stated that they will either deny or issue a Notice of Finding on the second case. There are, however, constitutional concerns over the legal basis for this DOL position, since there is no law or regulation prohibiting a second filing, particularly if the future position is different from the earlier position.
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