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Perm denied due to remote work
Hi everyone, I’m looking for advice from anyone who has been in a similar situation or has experience with employment-based immigration. Here’s my situation: Currently on H-1B ending November 2026 Working as a Validation Engineer at XXXX in the medical device industry(Full Time). I hold three master’s degrees and an ASQ Certified Software Quality Engineer (CSQE) certification. My work involves FDA-regulated medical device software validation, quality systems, compliance, and computer system validation. My employer filed my PERM in June 2025. Unfortunately, it was recently denied. According to our immigration attorney, the denial is related to the Department of Labor’s current position on employees who work remotely and/or travel as part of their job. They mentioned that many PERMs have recently been denied for the same reason. The plan from my employer is: File a Motion to Reconsider within 30 days. Once the motion is pending, file a 1-year H-1B extension using premium processing. Start a brand-new PERM process immediately. File the new PERM before my H-1B expires in November 2027. I asked about alternative options like O-1, EB-1, and NIW. The company attorney responded that Advanced Bionics will not pursue those options but that I am free to pursue a self-sponsored EB-1A or NIW if I choose. They also cautioned that denial rates have increased under the current administration. I’m trying to decide whether it’s worth pursuing an NIW or EB-1A independently while my employer continues with the PERM process. My questions are: Has anyone had a PERM denied for the remote work/travel issue and then succeeded after refiling? Based on my background, does an NIW seem worth exploring, or would it likely be a difficult case? Is EB-1A realistic, or is that probably a stretch without publications, patents, or national recognition? Can an NIW and an employer-sponsored PERM proceed in parallel without causing issues? Can anyone recommend attorneys who specialize in strong NIW or EB-1A cases for engineers in regulated industries rather than researchers? I’d appreciate any experiences or advice from people who have gone through something similar. Thanks in advance!
Anyone who can help explain this to me please?
I'm posting to see if anyone has experienced something similar or can help me understand what's happening with my case. Here's my timeline: My I-130 was approved in 2025. The same day, USCIS requested a new medical exam because my previous one had expired. I completed the medical exam within two weeks, and USCIS acknowledged receiving it. However, my I-485 has remained at "Response Received" ever since. About three months later, I received a Notice of Intent to Revoke (NOIR) on my I-130, alleging an invalid divorce decree. I am from one of the 39+ countries affected by the policy at that time. I responded to the NOIR within the 30-day deadline, and USCIS confirmed they received and accepted my response. In June 2025, I saw my first FTA1 update. In August 2025, I received another FTA1 update. On December 29, 2025, both my I-130 and I-485 were updated. Before that, in November 2025, USCIS told our senator that my case was under supervisory review. Then, on December 29, 2025, USCIS told our senator that my case was being held because of the policy memo affecting applicants from the 39+ countries. I also noticed that my I-130 was showing under the Field Office (FOD) in the secure messaging endpoint. After the court lifted the memo, the FOD designation disappeared from the secure messaging endpoint. A few days later, my I-485 received a silent update. Since then, my I-130 has repeatedly shown the H008 internal code, with updates occurring almost every day, but there has been no official case status change. Has anyone experienced something like this? Does anyone know what repeated H008 updates after a NOIR response and the removal of the FOD designation might indicate? I'd really appreciate any insight or similar experiences. Thank you.
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