1) We know it is not good to withdraw PERM during Audit or Supervised Recruitment. Can I withdraw it any time in the Motion to Reconsider by CO waiting period and in the appeal process?
-Yes, your employer can withdraw the appeal, and thus it means the denial of the PERM is effective after the appeal is withdrawn.
2) Can the employer withdraw the PERM petition online, if the employer withdraw the PERM online today, can i file a new
perm tomorrow, if after the audit denial?
-If the PERM is denied after audit, or the employer withdraw the pending PERM, the employer can file the new PERM immediately.
3) In the waiting time of the PERM Audit, Can I redo the prevailing wage determination, the advertisement before get the decision of the audit?
-The problem is that you can not advertisement and make the recruitment now, and file the PERM one year or more later (some audited PERM case may take a couple of years). By the way, as long as the PEREM is still pending in audit, or pending for appeal, you can extend your H-1 for one year base beyond the 6-year H-1 limit. So, some people appeal after PERM denial (even if they know the appeal will lose), just it is just for the H-1 extension.
(DOL has a timeline of the audit case, i can begin to do all the work of the 2nd PERM once DOL begin to adjudicate the case with the same month of PD as me)
4) Go back to China to wait is a good option. But my concern is that my daughter is in elementary school and the empolyer may not do much if I am not in the office, and also if my PERM got denied again, there is no way to ask HR to do anything if I am not in the office.
So, Let us see, if my H1B expire on June 1, 2016, and my 365 days after 2nd PERM filed is Oct 1, 2016.
can I got I-20 and transfer to F1 before June 1 and submit a H1B extension after Oct 1, 2016 and continue
my working?
-As I said, when you file the F-1, your H-1 clock is still running. So, if you plan to change H-1 to F-1, you need to do it early in advance at leas about 35 months before your H-1 reaches the 6 year limit. You also need to note that the F-1 is for Spring or Fall Semester, so you need to file F-1 earlier and get it approved before or on the school semester start day, otherwise USCIS may not approve your F-1.
Anyway, discuss this kind of issue with your lawyer before you make any decision because your lawyer knows your case in much more details.
