PERM for serious

LC2004 said:
Hi Guys,

Can u plz advice my situation to go for Perm under EB2. My PD is Jan'04 and went Dallas BEC and No 45 days letter till now. Am on 7th year extension.

Now my employer wanted to file a fresh new Labor Under EB2 with new regulations PERM.

1. Can I go ahead with EB2 perm? Or wait with old application.

2. If I goahead with Perm, Is it EB3 better or EB2? My quallifications are Masters and more than 5 years of experience.

Highly appreciate your response.

Best Regards,
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I suggest that you go through this entire thread. It has very valuable info and answers to most of of your questions.

Good Luck.
APD
 
My lawyer told me that if I file under PERM even as a new LCA, I still have to withdraw my old LC case. Because a company cannot file two LCA for the same person. Is this true?

Thx.
 
Ray S. said:
I am filing my case under PERM/EB2 as a senior software engineer

attorney reply:

We are still a bit uncertain about ad texts. In a PERM ad text we must
include the job title, in this instance yours being a Sr. Software Engineer.
Normally, a Software Engineer has a SVP of 8. SVP is what controls our
maximum requirements for the position. However, PERM relies on Job Zones.
A software Engineer has the only a job zone of 4. Therefore, this will
impact your case greatly and could affect the requirements for the position.
The DOL is fully aware that this is a problem. Attorneys are putting
pressure on the DOL in hopes that they will fix this problem.
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"Software Engineer" under PERM is EB3 by default.
If you want to file under EB2 it has to be prested as a business necessity and the case will definatley go in to an audit with udefinate procesing time.

I have no hopes that DOL will fix any problem.

Good Luck,
APD
 
My query is related to your explanation. I have a RIR labor petition currently pending at the federal (Illinois - Dallas BRC) level for position A. My employer asked me to switch to position B (different job title, salary, responsibilities, etc). What impact would filing a PERM application for position B have on my pending position A labor application? If DOL mandates withdrawal of RIR application, what is the impact on being able to file for 8th year (Sep 2005) H1 extension?
 
Hi mitqb,
I am also in the same boat. Please let me know do you find any more information.
Thanks,
 
Ray S. said:
Our office has conducted preliminary research on your case. Based on the
job title and job description (Senior Software Engineer) that you have provided (that of an IT
professional), the position would likely be considered an employment based
third preference (EB3) case by the U.S. Department of Labor/ USCIS. An EB3
classification will likely take much longer to obtain the "green card" based
on current processing times and priority dates.

The EB3 classification is due to the education and experience that the DOL
has determined is an "industry norm" for this position. Under the new PERM
system, the DOL has stopped using a 9 level standard industry norm system
for determining acceptable levels of education, training and experience
requirements for positions and started using a 5 level system. The 5 level
system essentially dictates that a person in your position file an EB3 case
at this time.

The following options are available to you and your company for
consideration:

1. File an EB3 case.
2. If the company's education and experience requirements exceed a
Bachelor's degree and 2 years of experience or 4 years of experience total,
the employer may elect to indicate higher requirements on the 9089 (PERM)
documents. This would require that the company provide documentation that
these requirements for the position are a business necessity. It is possible
that this could result in an audit of the employer and its records by the
Dept. of Labor.

Please review this email carefully with your employer and advise how you
wish to proceed. This issue must be resolved before we place the
advertisements for your case.
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Ray,
I recommend using Business Necessity letter for PERM/EB2/Sr. Software Engineer. Even if the case gets audited, it may eventually get approved. If it gets denied by any chance, you can immediately file a new LC with EB3 requirements (Under PERM, there is no waiting period for refiling after denial). It doesn't harm to try for EB2 at least. EB3 will put you in a endless waiting line of priority dates (if you are born in India, mainland China or Phillipines).

Best of luck!
 
Ray S. said:
Our office has conducted preliminary research on your case. Based on the
job title and job description (Senior Software Engineer) that you have provided (that of an IT
professional), the position would likely be considered an employment based
third preference (EB3) case by the U.S. Department of Labor/ USCIS. An EB3
classification will likely take much longer to obtain the "green card" based
on current processing times and priority dates.

The EB3 classification is due to the education and experience that the DOL
has determined is an "industry norm" for this position. Under the new PERM
system, the DOL has stopped using a 9 level standard industry norm system
for determining acceptable levels of education, training and experience
requirements for positions and started using a 5 level system. The 5 level
system essentially dictates that a person in your position file an EB3 case
at this time.

The following options are available to you and your company for
consideration:

1. File an EB3 case.
2. If the company's education and experience requirements exceed a
Bachelor's degree and 2 years of experience or 4 years of experience total,
the employer may elect to indicate higher requirements on the 9089 (PERM)
documents. This would require that the company provide documentation that
these requirements for the position are a business necessity. It is possible
that this could result in an audit of the employer and its records by the
Dept. of Labor.

Please review this email carefully with your employer and advise how you
wish to proceed. This issue must be resolved before we place the
advertisements for your case.
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The entire GC procees SUCKS.
I am tired of these tricks played by the admisitration to exploit the knowledge workers.

Other developed countries including Canda, Australia, UK and other european countires have much better, transperaat, effective and most importantly fast immigration process. If US wants to have a betetr system it is definately possible. But they don't want to.
 
so anyone talking to attorney on how to document the business necessity to be elible for EB2 under PERM. Please suggest any possible ways to document the business necessity.
 
Ray S. said:
i decided not to take a chance, am filing rir/eb2 normal process before the deadline of mar 28 2005, after mar 28 everything's PERM, my attorney offered to help my employer with the business necessity paperwork for free but my empoyer does not like the govt. audit stuff. attorney tells me i can always switch rir/eb2 to PERM anytime I feel i need to.

goodluck to all of you.
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Good calculative decision. No one knows the future. I hope you turn out lucky.

By the way do you have enough time to show the recruitment efforts for filing RIR before March 28 ?
 
Why not try PERM EB3

If you have to go through LC again, why do not you try PERM EB3? At least you will be over LC quickly and be able to file I140. That is the route I am thinking if I change employer. Thanks.

Ray S. said:
i decided not to take a chance, am filing rir/eb2 normal process before the deadline of mar 28 2005, after mar 28 everything's PERM, my attorney offered to help my employer with the business necessity paperwork for free but my empoyer does not like the govt. audit stuff. attorney tells me i can always switch rir/eb2 to PERM anytime I feel i need to.

goodluck to all of you.
Click to expand...
 
Hi there,
New to this thread...
My info is as under:
CO-Reg-Mar-02 moved to BRC-Dallas - Dec-04. NO 45 day letter recd.
As wanted to get thru the labor process fast, my attorney has suggested that I go for PERM.
Did try going thru info on PERM...still not sure of how things would go.
If anyone has any opinion on the risks involved...will help me in shifting to PERM.
Any response is appreciated.
rgds,
LFGC
CO-Reg-Mar-02-BRC-Dallas-Dec-04
 
Ray, KnowDol, other Experts.

I have a pending EB2 (Sr. Engieer position; BS + 6 years exp requirement) RIR LC with PD May 2004. Currently, it may be in one of the UPS shipping truck to BPC Dallas. I have decided to file a PERM LC with EB2 requirements.
I have not yet decided whether to file a new LC or refile the current one. Also I have not decided the law firm.

I would like to know some good attorneys currently preparing the PERM cases, with reasonable legal fee. Geography is not a matter.

If you guys feel, your attorney is good one, please inform me.

You can send private message to me, if you prefer.

Thanks
 
Yet another similar case

I also filed two LCs. First one RIR/EB3 filed an year back and another RIR/EB2 for a different position now. My case is much similar that of Ray.S

Here is my question.

I was under the impression that if we conver the RIR/Eb2 application to PERM, basically, we will be withdrawing our current application and filing a new one under PERM. In this case, what would be the category of the PERM case? EB2/EB3? I am under the impression that it will be EB3.

Thanks in advance.


Ray S. said:
am not comfortable with the EB3 wait period, it's way too uncertain compared to LC/EB2, also I have the option of switching to PERM in the coming days, also I need a LC for 8th year extension, I need a labor filing asap.
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