1 employee - 1 Labor policy

[djb]

Hi gurus,

I have one Labor filed in CA (PD-02/2002) and another one from IL (PD-01/2004) with the same employer. None of the applications are PERM applications.

CA application is in PBC
IL application is in DBC

In my case with 2 applications, both in BackLog Reduction Centers, it is not clear to me whether

(a) the “last” application (filed from IL) will be chosen for processing (automatically denying the CA application)

or

(b) both applications will be in the queue for processing till one gets approved.

In light of the "1 employee - 1 Labor" policy, please advise which of the above options will be applicable to my case.

 

[juntha]

Hi gurus,

I have one Labor filed in CA (PD-02/2002) and another one from IL (PD-01/2004) with the same employer. None of the applications are PERM applications.

CA application is in PBC
IL application is in DBC

In my case with 2 applications, both in BackLog Reduction Centers, it is not clear to me whether

(a) the “last” application (filed from IL) will be chosen for processing (automatically denying the CA application)

or

(b) both applications will be in the queue for processing till one gets approved.

In light of the "1 employee - 1 Labor" policy, please advise which of the above options will be applicable to my case.

I would think the LC filled in CA will be denied. I remember someone saying that the 2 files from Dallas and Phily are someone how check once against the other. They will notice the double application.

 

[djb]

Reading through the FAQ (http://www.workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf), it seems they want to eliminate duplicate applications in which at least one involves a PERM application. Their logic seems to be that since PERM gives you a decision in months (instead of years), why have multiple applications. That is not true for NON-PERM applications which takes years for a decision. However, it is not spelt out clearly in the FAQ. If multiple applications are all NON-PERM, I would think the first one to get approved will stay and the rest will be automatically denied thereafter.

Any thoughts ?