That's impossible as PERM is not a 'choice' it's the only option after March 28th. It's like saying H1 has only 5 years!! This is no mention of this absolutely anywhere. In fact PERM will make it possible to apply in your 6th year and possibly get approval and move on to I-140/485 stages (EB2 at least)
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Effect of backlog reduction/PERM/updated rules on new LC
- Thread starter floyd777
- Start date
The Optimist
Registered Users (C)
Perm Eligibility
You can file PERM during your 5th yr of H1 , before the 6th yr limit is over.The only thing is that by doing that you will not be able to file 7th yr extension of H1.
You can file PERM during your 5th yr of H1 , before the 6th yr limit is over.The only thing is that by doing that you will not be able to file 7th yr extension of H1.
GC_Dreams18
Registered Users (C)
RIR and Regular in one queue
01/21/2005: DOL Backlog Reduction Processing Update
The DOL did not disclose in details a number of issues in the PERM Briefings which the consumers were interested in. It turned out that some of these issues had been discussed with the AILA in telephone conference before the PERM Briefing sessions began. Some of these issues had been answered as follows:
Status of Processing at the Backlog Processing Centers:
The cases which were transferred from the Regional Offices were processed first. For these cases, initial letters have been being sent out. Once the responses come back from the applicants, they will start adjudicating the cases. The current state is as follows:
Dallas, Philadelphia, and San Francisco Regions Cases: Data entry for these cases has been completed and letters have been sent out and the Backlog Centers are awaiting the responses for further processing and adjudication.
Chicago and Atlanta Regions Cases: These cases have been transferred to the Backlog Centers later and currently being data-entried. Once the data entry is completed, letters will be sent out the applicants as it did with the Dallas, Philadelphia, and San Francisco Regions cases.
The cases which were transferred from the SWA (state offices) are at the stage of data entry. Once data entry is completed, the same steps will be taken as described above.
Processing Queue per FIFO: Shockingly, there are no separate queues between RIR and Regular cases and both RIR and Regular cases are being processed on FIFO in a single national queue. Consequently, RIR cases will experience a substantial delay once the cases are transferred to the Backlog Centers!!
Opened Cases vs. Unopened Cases: Under the Transition Guideline, unopened cases have been transferred to the Backlog Centers and opened cases will be completed by the SWAs. The definition of "opened cases" is the application packages which are at the SWAs in unopened boxes or where no letters have been issued by the SWAs to the applicants. Accordingly, those who received a letter from the state offices may be completed at the state offices rather than being transferred to the Backlog Centers.
Notification of Address Changes of the Applicants or Attorneys: If one knows that his/her case has been transferred to the Backlog Centers, the notification should be addressed to the Backlog Centers. If one does not know, DOL suggests to such notification to both the Backlog Center and the SWA office.
Address of Certifying Officers and SWA in the Notice Posting for Cases to be Filed before 03/28/2005: People should follow the same rules and requirements under the current labor certification regulation. Thus the notice posting should direct the public to file misrepresentation or complaints to the office of Certifying Officer's office and the state labor certification unit. Remember, though, some Regions, addresses have been changed: Chicago and Atlanta offices.
01/21/2005: DOL Backlog Reduction Processing Update
The DOL did not disclose in details a number of issues in the PERM Briefings which the consumers were interested in. It turned out that some of these issues had been discussed with the AILA in telephone conference before the PERM Briefing sessions began. Some of these issues had been answered as follows:
Status of Processing at the Backlog Processing Centers:
The cases which were transferred from the Regional Offices were processed first. For these cases, initial letters have been being sent out. Once the responses come back from the applicants, they will start adjudicating the cases. The current state is as follows:
Dallas, Philadelphia, and San Francisco Regions Cases: Data entry for these cases has been completed and letters have been sent out and the Backlog Centers are awaiting the responses for further processing and adjudication.
Chicago and Atlanta Regions Cases: These cases have been transferred to the Backlog Centers later and currently being data-entried. Once the data entry is completed, letters will be sent out the applicants as it did with the Dallas, Philadelphia, and San Francisco Regions cases.
The cases which were transferred from the SWA (state offices) are at the stage of data entry. Once data entry is completed, the same steps will be taken as described above.
Processing Queue per FIFO: Shockingly, there are no separate queues between RIR and Regular cases and both RIR and Regular cases are being processed on FIFO in a single national queue. Consequently, RIR cases will experience a substantial delay once the cases are transferred to the Backlog Centers!!
Opened Cases vs. Unopened Cases: Under the Transition Guideline, unopened cases have been transferred to the Backlog Centers and opened cases will be completed by the SWAs. The definition of "opened cases" is the application packages which are at the SWAs in unopened boxes or where no letters have been issued by the SWAs to the applicants. Accordingly, those who received a letter from the state offices may be completed at the state offices rather than being transferred to the Backlog Centers.
Notification of Address Changes of the Applicants or Attorneys: If one knows that his/her case has been transferred to the Backlog Centers, the notification should be addressed to the Backlog Centers. If one does not know, DOL suggests to such notification to both the Backlog Center and the SWA office.
Address of Certifying Officers and SWA in the Notice Posting for Cases to be Filed before 03/28/2005: People should follow the same rules and requirements under the current labor certification regulation. Thus the notice posting should direct the public to file misrepresentation or complaints to the office of Certifying Officer's office and the state labor certification unit. Remember, though, some Regions, addresses have been changed: Chicago and Atlanta offices.
Filing PERM in parellel with traditional labor
Hi all,
My attorney says that once PERM is filed, USCIS will ask you to withdraw all other RIR\Non-RIR applications from existing as well as other potential employers who have filed a petition for you. In other words if Company A files a Non-RIR traditional labor for me and later if Company B files a PERM I will be required to withdraw my traditional labor if I want to proceed with PERM.
Is this true?
Thanks for you help
Hi all,
My attorney says that once PERM is filed, USCIS will ask you to withdraw all other RIR\Non-RIR applications from existing as well as other potential employers who have filed a petition for you. In other words if Company A files a Non-RIR traditional labor for me and later if Company B files a PERM I will be required to withdraw my traditional labor if I want to proceed with PERM.
Is this true?
Thanks for you help
Its true
Yeah, thats true...my attorney said the same....it suks big time....not to mention all that we paid for........
Yeah, thats true...my attorney said the same....it suks big time....not to mention all that we paid for........
Not2Happy said:Hi all,
My attorney says that once PERM is filed, USCIS will ask you to withdraw all other RIR\Non-RIR applications from existing as well as other potential employers who have filed a petition for you. In other words if Company A files a Non-RIR traditional labor for me and later if Company B files a PERM I will be required to withdraw my traditional labor if I want to proceed with PERM.
Is this true?
Thanks for you help
inneedofgc
Registered Users (C)
PERM & EB2 Filing !
Hi,
I have an application currently with BEC filed in EB3 in Aug 2003. I had 5 years progressive experience in Aug but my lawyer filed under EB3 instead of EB2 and now I am caught in retroregression for 140&485. Now my lawyer is telling me to file another application in EB2 in PERM in March.
1)Does USCIS allow concurrent apps in EB3 and EB2 at same time( 1 EB2 in PERM and 1 old app EB3 in RIR .)
2) If I file in PERM in March will I be eligible to file for 7th year extension based on my EB3 pending application with BEC or does the old EB3 application get void once I file a new application in PERM and I am no longer eligible for extension.
3) I have talked to my lawyer and he says I can do above but I am not sure and want second opinion from immigration forum gurus .
Appreciate a second opinion for above.
Thanks,
inneedofgc
Hi,
I have an application currently with BEC filed in EB3 in Aug 2003. I had 5 years progressive experience in Aug but my lawyer filed under EB3 instead of EB2 and now I am caught in retroregression for 140&485. Now my lawyer is telling me to file another application in EB2 in PERM in March.
1)Does USCIS allow concurrent apps in EB3 and EB2 at same time( 1 EB2 in PERM and 1 old app EB3 in RIR .)
2) If I file in PERM in March will I be eligible to file for 7th year extension based on my EB3 pending application with BEC or does the old EB3 application get void once I file a new application in PERM and I am no longer eligible for extension.
3) I have talked to my lawyer and he says I can do above but I am not sure and want second opinion from immigration forum gurus .
Appreciate a second opinion for above.
Thanks,
inneedofgc
There is no law disallowing multiple filing. But recently DOL indicated that this will allow employers to commit potential fraud. The employer can use one LC as a substitute to others. The DOL policy might change in the future and they might check the BEC system. So they might flag the multiple applications and we never know.
inneedofgc said:Hi,
I have an application currently with BEC filed in EB3 in Aug 2003. I had 5 years progressive experience in Aug but my lawyer filed under EB3 instead of EB2 and now I am caught in retroregression for 140&485. Now my lawyer is telling me to file another application in EB2 in PERM in March.
1)Does USCIS allow concurrent apps in EB3 and EB2 at same time( 1 EB2 in PERM and 1 old app EB3 in RIR .)
2) If I file in PERM in March will I be eligible to file for 7th year extension based on my EB3 pending application with BEC or does the old EB3 application get void once I file a new application in PERM and I am no longer eligible for extension.
3) I have talked to my lawyer and he says I can do above but I am not sure and want second opinion from immigration forum gurus .
Appreciate a second opinion for above.
Thanks,
inneedofgc
h1b_valid2004
Registered Users (C)
Help and Guidance Needed from Immigration experts
My case is Denied rir remanded to non-rir in EDD/SESA from DOL
How will new rules related to backlog red/Perm/new rules will affect me as I am on 7th YEAR extension.
Hello Everybody,
Here is My CASE HISTORY
==================
Check out my timeline...anybody else on this list like me.
If yes what plans you have to tackle this.
Timeline for ur refrence
1. LC Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one and half year + - Feb 2005
Meanwhile I am on my 7th year H1b extension...
There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me but for my particular case.....looks like it is lost hope....
It seems denied RIR cases which were put in non-RIR queue in EDD by DOL is never gonaa make it...CAN WE DO SOMETHING about it.
Non-RIR cases hardly move.
Can anybody suggest what option I have .
Can anybody provide me some pointers on how can I benefit from new rules of backlog reduction/PERM/updated rules
what is the phone number /email address and other details
How should I go about it..any attorney who can help ?.Thanks
- Ajay
My case is Denied rir remanded to non-rir in EDD/SESA from DOL
How will new rules related to backlog red/Perm/new rules will affect me as I am on 7th YEAR extension.
Hello Everybody,
Here is My CASE HISTORY
==================
Check out my timeline...anybody else on this list like me.
If yes what plans you have to tackle this.
Timeline for ur refrence
1. LC Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one and half year + - Feb 2005
Meanwhile I am on my 7th year H1b extension...
There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me but for my particular case.....looks like it is lost hope....
It seems denied RIR cases which were put in non-RIR queue in EDD by DOL is never gonaa make it...CAN WE DO SOMETHING about it.
Non-RIR cases hardly move.
Can anybody suggest what option I have .
Can anybody provide me some pointers on how can I benefit from new rules of backlog reduction/PERM/updated rules
what is the phone number /email address and other details
How should I go about it..any attorney who can help ?.Thanks
- Ajay
Yes, each LC is for a particular open position. If you want to file new LC with the same employer then it should be for a different position.
sleepless_in_IN said:Per my atty, you can not file multiple LCs for the same position.
Need some Information !
Hi,
I am a Masters in Computer Science from American University, now working in a firm for last 2 years, My employer is ready to apply for GC, what do think are chances to get my GC through PERM, I know we do not have clear inormation yet, but amy information would be great help to me, as he wants me to pay for the GC process.
Thanks
Best Regards
sfatna1
Hi,
I am a Masters in Computer Science from American University, now working in a firm for last 2 years, My employer is ready to apply for GC, what do think are chances to get my GC through PERM, I know we do not have clear inormation yet, but amy information would be great help to me, as he wants me to pay for the GC process.
Thanks
Best Regards
sfatna1
What if the position is functionally the same (meaning title is the same) but within a different department of the same client company? In my case, LC was filed in Apr 2003 under EB3 but I am hoping changing to a similar position in a different department so as to qualify for it to be EB2 as I have a Masters and 3 years work ex. (I understand that the position has to be EB2 or EB3 and not the individual)
GC_DJ said:Yes, each LC is for a particular open position. If you want to file new LC with the same employer then it should be for a different position.
If you are filing new LC under Eb2 then it should be a different position since Eb2 requirements are different from Eb3. I think you can file new LC under Eb2.
blahblah said:What if the position is functionally the same (meaning title is the same) but within a different department of the same client company? In my case, LC was filed in Apr 2003 under EB3 but I am hoping changing to a similar position in a different department so as to qualify for it to be EB2 as I have a Masters and 3 years work ex. (I understand that the position has to be EB2 or EB3 and not the individual)
Even though the actual position title may the same????
GC_DJ said:If you are filing new LC under Eb2 then it should be a different position since Eb2 requirements are different from Eb3. I think you can file new LC under Eb2.
I am not sure whether the title matters.
blahblah said:Even though the actual position title may the same????
Thanks for your prompt responses, GC_DJ.
So, was your post below only in reference to the same position being advertised as EB3 earlier and now being advertised as EB2? Or was it based on the individual? I guess my question is: Is it possible that one person having 2 LC's filed (EB3 under RIR, EB2 under PERM) for 2 positions with same title for just one client company (but different departments) from either 2 consulting companies or just one consulting company?
I know it is confusing but thanks for your help.
So, was your post below only in reference to the same position being advertised as EB3 earlier and now being advertised as EB2? Or was it based on the individual? I guess my question is: Is it possible that one person having 2 LC's filed (EB3 under RIR, EB2 under PERM) for 2 positions with same title for just one client company (but different departments) from either 2 consulting companies or just one consulting company?
I know it is confusing but thanks for your help.
GC_DJ said:There is no law disallowing multiple filing. But recently DOL indicated that this will allow employers to commit potential fraud. The employer can use one LC as a substitute to others. The DOL policy might change in the future and they might check the BEC system. So they might flag the multiple applications and we never know.
gcfriendly
Registered Users (C)
Well it is kind of true and not true. When you file your LC you will submit your experience. So let's say Masters+ 3 years automatically qualifies for an EB-2 I-140. So it is based on the minimum requirements. A BS+3 years would qualify you for an EB-3 I-140.
Note:- I am not a lawyer and my replies should not be considered as legal advice.
Note:- I am not a lawyer and my replies should not be considered as legal advice.
gcfriendly
Registered Users (C)
labor from two companies.
Hi,
I am with company A and they have filed my Labor Certification in RIR/EB2 in 2002. Now i joined company B and they told me that they are going to file my LC in the new PERM process this year. Now my question is, will my labor filed with company A gets automatically cancelled because i am filing my LC in the new PERM process with company B.
-thanks,
SX
Hi,
I am with company A and they have filed my Labor Certification in RIR/EB2 in 2002. Now i joined company B and they told me that they are going to file my LC in the new PERM process this year. Now my question is, will my labor filed with company A gets automatically cancelled because i am filing my LC in the new PERM process with company B.
-thanks,
SX
gcfriendly said:Hi,
I am with company A and they have filed my Labor Certification in RIR/EB2 in 2002. Now i joined company B and they told me that they are going to file my LC in the new PERM process this year. Now my question is, will my labor filed with company A gets automatically cancelled because i am filing my LC in the new PERM process with company B.
-thanks,
SX
Your labor will not be cancelled, unless company A receives 45 day letter and does notifies DoL that they are no longer want to continue the case.