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Immigration Issues/Filing of PERM labor certification

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Question
The employer filed a labor as Programmer Analyst in 2003 which was approved by backlog center and then the employer filed I-140 last year. Some time back the employer has received a query to show returns for ability to pay from 2003 but the employer didn't had that much income or net assets some two years back. Can my employer file a new PERM petition as a Programmer Analyst this year and then can file a fresh I-140 as the company is making good money now. Is it possible to file a new PERM labor (ETA 9089) by same employer who already have one labor certification (ETA 750) approved in the same occupation. Please advise or else employer may not jeopardize the entire case as our 7th year H1b ends in Sept, 2008. Please also give any other relevant advise in this matter on ability to pay or extension H1 for the 8th year.

Thanks and regards....

Answer
Hi Anil,

Your employer can file a PERM application for you. However, the PERM application will have a new priority date. In other words, you cannot maintain the priority date of the certified labor application. When the PERM application is approved (it should be approved within a few months of filing), you will need to attach only the company's latest tax return, and not be concerned with the employer's tax returns of earlier years.

You can extend your H-1B status by attaching an I-140 approval notice, or evidence that an I-140 denial has been appealed. In other words, even if a new PERM application is filed, go ahead and appeal the I-140 denial (if it is denied). When PERM is approved, you should file another I-140 as well (in case the earlier I-140 is denied).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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