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Posted on 16 Feb 2010
Q.

PERM denied. MTR and/or File another PERM or other options

I just entered into my H1-B 5th year. My PERM filed on 10/30/2007 received an audit and responded to on 2/8/2008. However, it was denied on 2/4/2010 based on work location not mentioned in the posting notice.

1)Can we file an MTR. In the current context, what are the chances of MTR getting through for this reason of denial

2)Is it possible to remdy the work location on the posting notice, re-post the notice and send the correct one to DOL

3) Can MTR be filed for this denial and also file a new PERM in parallel (for the same employer) as a backup? The reason we want a backup PERM is, in case the MTR takes a long time and the first PERM gets denied again, I want a backup PERM that is filed before I enter into 6th year of my H1-B.

4) other options to recover 10/30/2007 priority dt

User's Location: Bridge Water, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 16 Feb 2010
A.
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