| Basically no. With
respect to withdrawing and re-filing existing applications under PERM, the
DOL has now decided to allow an employer to withdraw the application,
re-file under PERM and retain the priority date established in the
original application. But the priority date may only be maintained if no
recruiting has yet occurred. That basically means priority dates may only
be retained in non-RIR cases where recruiting has not yet begun. And to
qualify to retain the priority date, the new filing must take place within
210 days of the withdrawal. However, employers can withdraw RIR and other
cases and re-file under PERM and establish a new priority date. Employers
should also note that if a case is refilled under PERM, recruiting done
for a previously filed petition cannot be used unless that recruiting
would also satisfy the PERM requirements. That¡¯s not likely given the
fact that PERM requires the recruiting take place within close proximity
to the time a PERM petition is filed.
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