Analysis of final PERM regulations

Due to lot of transition in processing the current LCs in state and regional level & implementation of PERM & BEC, the status of my RIR LC highly unpredictable in this stage.

My RIR LC may get approved in March/April 2005, if it is processed in Regional DOL. On the flip side, It may take two years to get approval, if it goes to BEC. So I am totally confused now Whether I should refile my LC through PERM by withdrawing the pending LC or not to touch the pending LC.

To safe side, Can my employer file fresh LC thro PERM without withdrawing the pending LC?
 
mncbabu said:
To safe side, Can my employer file fresh LC thro PERM without withdrawing the pending LC?
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Yes, I believe they can. I think this is the safest course of action for many people.

Preserving the priority date is only an issue for those people concerned about the caps for India, China and the Phillipines. For the rest of us I don't think it makes a difference.
 
morpheus12 said:
Yes, I believe they can. I think this is the safest course of action for many people.

Preserving the priority date is only an issue for those people concerned about the caps for India, China and the Phillipines. For the rest of us I don't think it makes a difference.
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An attorney would be able to advise you the best. DOL frowns on concurrent applications for the same beneficiary :( And when it's available, BEC's will offer the option of transferring to PERM but doing so will cancel the pending application at the BEC. As consolation, I believe the PD would remain intact.
 
Need your input

PD Jan 2002!

My advertisment was done 3 weeks ago. Haven't heard from Attorney or any body due to x-mas holidays for latest update. Can anybody tell me where my case gonna go for both state and Federal after Jan 1st? Appreciate your input !
 
Icarus said:
DOL frowns on concurrent applications for the same beneficiary
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You are right that the official DOL policy says you cannot have more than one labor certification for one job. But in the case described above, if the job has changed in the years since you filed the first LC, then we are proabably talking about an LC for a different job. In my case I plan to do my PERM processing through a different employer so I can have two different LC's pending.

Personally I don't think DOL has grounds to complain anyway as the backlog is of their own making. I note this policy was made prior to 1998. Somehow I doubt DOL could even find your other LC in their mountain of 350,000 LC's stuffed in a warehouse somewhere gathering dust. :mad:
 
manaka said:
PD Jan 2002!

My advertisment was done 3 weeks ago. Haven't heard from Attorney or any body due to x-mas holidays for latest update. Can anybody tell me where my case gonna go for both state and Federal after Jan 1st? Appreciate your input !
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Your attorney called me and told me they found an excellent US citizen employee for your position. Apparently he knows how to post on a message board in the appropriate area so they hired him instead. :rolleyes:
 
Your case will go to the state level processing first and then move to the BackLog Elimination Center if it is filed before PERM implementation.
 
morpheus12 said:
You are right that the official DOL policy says you cannot have more than one labor certification for one job. But in the case described above, if the job has changed in the years since you filed the first LC, then we are proabably talking about an LC for a different job. In my case I plan to do my PERM processing through a different employer so I can have two different LC's pending.

Personally I don't think DOL has grounds to complain anyway as the backlog is of their own making. I note this policy was made prior to 1998. Somehow I doubt DOL could even find your other LC in their mountain of 350,000 LC's stuffed in a warehouse somewhere gathering dust. :mad:
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In final PERM regulation, DOL is particular about refiling. The refiling is possible, if each and every paramater in the pending LC should be same in new PERM application. On my view, the way in which they talk about refiling is little discouraging. Are they encouraging to file a fresh LC, under PERM rule?
 
All I was asking if this is anything to do with PERM. Hey BTW, your 7th year extension has been denied :eek:
morpheus12 said:
Your attorney called me and told me they found an excellent US citizen employee for your position. Apparently he knows how to post on a message board in the appropriate area so they hired him instead. :rolleyes:
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PERM Query

This one point I have pasted below is from the final rules of PERM. Can any one please explain me, preferably with the example, the meaning of the statement marked in red and what is the logic behind keeping that caluse:
If the alien beneficiary already is
employed by the employer, in
considering whether the job
requirements represent the employer’s
actual minimums, DOL will review the
training and experience possessed by
the alien beneficiary at the time of
hiring by the employer, including as a
contract employee. The employer can
not require domestic worker applicants
to possess training and/or experience
beyond what the alien possessed at the
time of hire unless:
(i) The alien gained the experience
while working for the employer,
including as a contract employee, in a
position not substantially comparable to
the position for which certification is
being sought, or(ii) The employer can demonstrate
that it is no longer feasible to train a
worker to qualify for the position.

Thanks in Advance.
 
nwa said:
(i) The alien gained the experience
while working for the employer,
including as a contract employee, in a
position not substantially comparable to
the position for which certification is
being sought, or(ii)
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It would seem that they are allowing for experience gained in a parallel (yet "not substantially comparable") position working for the sponsoring employer. This would maintain the current rule that experience required for the sponsored position cannot be gained while employed by the sponsor thus artificially inflating the experience requirement and tailoring the opening to the beneficiary.
 
manaka said:
All I was asking if this is anything to do with PERM. Hey BTW, your 7th year extension has been denied :eek:
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....Ahh the light repartie of holiday season gallows humor.... have a Happy New Year!!! :D
 
PERM not that great

IN_LC said:
What about SKILL SET. As I know if employee can be trained on job for a perticular skill then it can't be required skill set on application, you cant be more specific on requirement. Is this true / still exists... ?
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Yeah, under PERM you cannot specify specific skills set in the ads. This would make more applicants to respond to that job. DOL would know how many people responded to the ad. DOL "might" ask for audit if it feels something is fishy. So if someone is lucky he may get away with it. I feel RIR is safer though its longer.
 
Company's previous layoff

Is there a question in PERM filing that says “If your company/employer has experienced, is currently experiencing or will likely to experience a RIF (Reduction in Force)”?
I have been told if the answer is ‘yes’ then it is believed that it will trigger an audit by DOL. We had layoff couple of years ago but don’t anticipate any workforce reduction in near future. I am looking at the Form ETA 9089 but haven’t seen anything like that. Can any one comment on that please?
 
Prevailing Wage for EB2 Visa Category

Hi all,

I have been following this DB since one year. This is my first message in this DB. Actually I am planning to file GC under PERM in the EB2 category. So, I wanted to know how much is the prevailing wage for this category?

Thanks in advance for your valuable reply.
 
PERM + EB-2 processing times

Hi,
I am on OPT currently. I will get my H1 in april 1st week under the new quota.
My employer told me that he will apply for GC after receving 3 pay stubs on H1. I just want to know how much time does it take for all three stages in green card for my category : LC, I140 and I485.
I did Master's and am from India.
I have been following this site for the last 1 month and was able to understand the whole process of GC. Thank you everyone for this.
Finallly, I also want to tell you guys that my employer is having around 25 employees under him, if this matters by any chance.

THANKS AGAIN,
RAJ
 
what is considered specific skill set?

If the ad asks for work experience with certain processes, equipment or method, will it be consdered specific? How about asking working experience in a specific industry? Thanks.


ashishagl said:
Yeah, under PERM you cannot specify specific skills set in the ads. This would make more applicants to respond to that job. DOL would know how many people responded to the ad. DOL "might" ask for audit if it feels something is fishy. So if someone is lucky he may get away with it. I feel RIR is safer though its longer.
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PERM eligibility

Hi,

My lawyer told me that one cannot file PERM if they have crossed 5th year of your H1B even if it is before your 6th year limit.

Is that true?

Thanks for your help
 
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