I read the following article in one immigration site. It says RIR LCs cannot be refiled under PERM to keep old PD. Only "normal" LCs can be converted into PERM to keep old PD. Since employer has already done the recruitment for US worker in RIR cases, it cannot be converted to PERM to preserve old PD. If any one refiles RIR LC through PREM, it will be considered as a new LC. Is this information correct?
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Can a case be converted to PERM?
Yes, subject to specific requirements in the new regulations.
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 re-filed 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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Can a case be converted to PERM?
Yes, subject to specific requirements in the new regulations.
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 re-filed 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.