PERM denial and options

Hi Anil
My PERM is filed in January 2021 and came to know from my employer that my PERM is denied in the first week of July 2021. He has not shared PERM denial letter.
I am trying to get that.

Can we check the PERM denied status somewhere ? I dont find my PERM number in the DOL data which is updated here https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/PERM_Disclosure_Data_FY2021_Q3.xlsx
I think it has the data till June 2021, May be it will be updated after sometime ?

My 6th year H1 max out will complete by end of Mar 2022, if I consider India vacation time, I have another 4 months from Mar 2022 which will be Jul 2022

Employer updated me that they started NEW perm filing process instead of challenging the decision as it consumes time based on my situation

Came to know that employer filed prevailing wage determination in the last week of Jul 2021.

  1. Do we need to apply prevailing wage determination again , cant we use last prevailing wage determination ?
  2. Can we check the status of prevailing wage determination in online ? Just wanted to make sure if employer started the process again
  3. Based on the time I have ,is there a possibility for PERM approval and I-140 there after (premium) in case there are no PERM audit in my case?
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You can check using this PERM app here if you have your receipt number.

Hi Anil,
My employer shared the document of PERM denial letter.
As per that PERM was denied in the first week of July. As per my employer if we challenge the decision it will take more time, based on my current situation they restarted the process
In the last of week July,2021 they refiled PWD again.

My 6th year H1 max out will complete by end of Mar 2022, if I consider India vacation time to request for H1 extension, I have another 4 months from Apr 2022 which will be Jul 2022

I have a question. By end of Jul 2022, if

  1. PERM is pending or
  2. PERM certified, I-140 in pending status,
    Can I come back to USA once I-140 is approved in both cases 1) and 2)
    Could you please give your thoughts

Hi Anil,
I went through the blog which you shared above, I could not get the answer for my question based on my current situation.
Since my employer restarted PERM process again from beginning after PERM denial i.e they initiated prevailing wage in the last week of Jul 2021.
So I will not have have 365 days time period from the time PERM will be FILED for requesting H1 extension after 6years completed.

By end of Jul 2022(H1b max out time), I need to leave the the country in either of these two situations

  1. PERM is pending or
  2. PERM certified, I-140 in pending status,

My question was, Can I come back to USA once after I-140 is approved in both cases 1) and 2)
Could you clarify me on this

You can come back once i140 is approved and then H1B is also approved.

Thanks Anil for the response.

Just wanted to confirm with you about my understanding.
Once my I-140 is approved, then apply H1 extension from country which I will be in that time that needs to be approved, then need to go for Visa stamp and come back to US.
Earlier I was thinking that since my 6 years completed and

  1. perm was in pending or 2) PERM certified, I-140 in pending status during my stay in US, I thought I need to undergo for H1 lottery process

HI Anil,
Can Ads process be completed before Prevailing wage (PWD) determination issued?
My employer said they already completed ads process and waiting of PWD determination. Once PWD is issued they are going to file PERM.

Could you please let me know is there any issue if Ads process completes before PWD is issued ?

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Should not be an issue.

Thanks a lot Anil for quick reply and really appreciate it for your time.