Hi PJ or Teacher 8,
My 2nd PERM is just denied because that my 1st PERM is still pending in BALCA review. The issue is that two PERMs were filed by same company for similar/same position, but at two Different Locations. Now, our company attorney is preparing for appeal on the 2nd PERM based on the augment that the 2nd PERM was filed for different locations.
Question: Does our attorney's appeal strategy have solid legal ground? Is there any remedy to the 2nd denial?
-No. DOL does not allow an employer to file two or more PERM labor certificate applications for the same employee at the same period of time (i.e. not allow two or mroe PERMs pending at the same time for the same employee), so you can not do amything about the denial (useless to appeal). If your first PERM is approved or denied, then your employer can file a new one for you. Your lawyer should have known this rule, so I don't undersatnd why he/she still filed a new PERM for you, and still wants to appeal for the denial. Talk to your lawyer.
Greatlly appreciate any advice.
