PERM labor approved but RIR labor pending - To file I-140 or not?

[all_or_nothing]

Hi,

I've been a silent reader for years and this is my first posting.

I'm waiting for my RIR labor application to be certified (PD=11/2002) and recently got my PERM labor certifified (PD=7/2006). Due to ongoing retrogression, I wish to use the RIR labor application when it gets approved.

My question is what can I do with the approved PERM labor certificate? Should I file for I-140 knowing that I want to use the other labor certificate? If I do file I-140 with this labor cert, will I have to refile once my RIR labor gets approved?

Thanks.

 

[puvathoor]

I am not a lawyer.. they are probably the best resource..

I have seen a few friends go through this.. The only benefit you get from the approved labor through PERM and approved 140 after you apply is that you get 3 year H1B extensions.. Other than that, your BEC Labor PD visa # will become available earlier than your PERM PD.. so you will end up using that PD for your 485 anyways..

In the road of life, there are bullock carts (BEC) amd Planes (PERM).. but we still get to wait at the heavenly gates for the visa # till the bullock cart makes it through..

I say, might as well take the bullock cart and enjoy the smell and scenery.. eh?



Tom