Anybody has taken actions/steps in converting to PERM and retaining PD?

meg_z

Registered Users (C)
Appreciate it if you could share you thoughts/reasonings of such action, and feedbacks from lawyers how much time (beyond the 45-60 days of a brand new PERM) it would take for an approval of such converted cases. Thanks.
 
PD july 2003 Indiana. Would be the very last in BEC queue, so have started the ad processing for PERM. Continue to watch the boards. Most of the lawyers have to be told what to do rather than their input. Only a few are current/insightful in their approach.
 
seriously thinking

my PD mar2004(atlanta) , i have asked lawyer , no specific answer, my main worry is that if they take a while pulling the original or tracing the original application and in the meanwhile the people filing new applications will have piled up like crazy and we a a new backlog in 140/485 stage and possib;e EB2 retro
 
Thanks drhnp

Mine is one yr behind yours. So have you taken other steps, such as PW determination, etc? May I ask if it is going to be EB2 or 3? Does one have to withdraw LC first before filing PERM to be able to retain PD? Thanks.

drhnp said:
PD july 2003 Indiana. Would be the very last in BEC queue, so have started the ad processing for PERM.
 
I am debating between a new PERM or converting. Thanks.

lalalala said:
my PD mar2004(atlanta) , i have asked lawyer , no specific answer, my main worry is that if they take a while pulling the original or tracing the original application and in the meanwhile the people filing new applications will have piled up like crazy and we a a new backlog in 140/485 stage and possib;e EB2 retro
 
Dear Meg z,

If you applied in 2004, and at this point still have more than 365 days before the 6 year limit on your H1 is over, I'd advice you to file a brand new PERM. The reason being, that to retain the PD, they have to track the old LC filed in BRC'S and compare it with the new LC to make sure that the petetions are "identical" No one knows how much time it would take to track the old LC.

Sincerely
 
I am exploring a new PERM now. Will have to talk to my employer about it. Thanks.

drhnp said:
Dear Meg z,

If you applied in 2004, and at this point still have more than 365 days before the 6 year limit on your H1 is over, I'd advice you to file a brand new PERM. The reason being, that to retain the PD, they have to track the old LC filed in BRC'S and compare it with the new LC to make sure that the petetions are "identical" No one knows how much time it would take to track the old LC.

Sincerely
 
from immigration-law.com

"Judging from the information which was released by the DOL in the form of Q&A, it appears that dual filings of labor certification may be available, one under the current labor certification system and the other under the PERM system, and one does not see any harm or to lose anything to consider such dual filings for the safe side."


However they did not say anything about filing with the same employer is possibility or not.
 
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