Can I file a new LC for another position while one LC pending in Dallas BEC?

knowDOL

Registered Users (C)
My attorney is saying that With PERM, we cannot file a new LC in PERM if one case is pending for [different position] in BEC Dallas. With PERM we have to chose only one of them. Is this true? With my old case I am good for 7th year extension but it is EB3 [though I have Masters degree] thats a problem. So, I want to file in EB2 with PERM but I will be falling short for about 15 days for my 7th year extension [in case PERM gets dealyed or EB2 dates also retrogresses.] Please advice.
 
knowDOL said:
My attorney is saying that With PERM, we cannot file a new LC in PERM if one case is pending for [different position] in BEC Dallas. With PERM we have to chose only one of them. Is this true? With my old case I am good for 7th year extension but it is EB3 [though I have Masters degree] thats a problem. So, I want to file in EB2 with PERM but I will be falling short for about 15 days for my 7th year extension [in case PERM gets dealyed or EB2 dates also retrogresses.] Please advice.

yes. you cannot file another gc labor thru perm when there is a case pending without loosing the current labor. note that this is applicable only if the new perm labor is filed by the same employer for you.

to benefit the 7th year h1 its better for you to stick to the old labor. AND people from india should be very much concerned about the priority date. you may not know when eb2 will retrograde.

 
But, in the current regulations we can apply for two LC's as long as the jobs are different. I am planning to apply for different job from the same company. Job responsibilities are not similar. This might be a problem with the new regulations but not the current regulations.
 
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