Conversion from BEC to PERM

GC_DJ said:
In order to keep your earlier priority date you have to request the conversion of pending LC from company B when you file PERM with company B. You can not retain the priority date if you file PERM with company A. Also, the priority date is retained only when DOL determines that your RIR case and PERM case is identical.

If I were you I would keep the RIR case as it is and file a new PERM case with company B. It is very easy to get I-140 approved if you work for the same company which filed your LC. You will get credit for the salary paid to you. If your company has good finances then you need not worry about it.
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Thanks DJ.

This is the reply I gt from my attorney -
"This will be a new filing with a new PD. We can retain the old PD but
use it only when that case gets approved (which could be 2 yrs).
This case will be filed today"

So, I think he is going with -
GC_DJ said:
If I were you I would keep the RIR case as it is and file a new PERM case with company B.
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Gogol75 said:
Hi All,

I'm in my 7th year on H1B.

First employer: EB3: My labor was approved and my I-140 was approved. PD was April 2000.

Second employer: EB3: My labor is under processing at Dallar BEC. PD is December 2001. Details in the signature below.

Question 1: Wouldn't it make sense in my case to file under PERM, and then use the PD of April 2000 based on previous I-140 approval?

Question 2: As of today, I have BS + 8 years experience. Does that mean I can file PERM as EB2?

Thanks
Click to expand...

Question 1: Wouldn't it make sense in my case to file under PERM, and then use the PD of April 2000 based on previous I-140 approval?
Yes it makes sense. I would do exactly the same thing if I were you.

Question 2: As of today, I have BS + 8 years experience. Does that mean I can file PERM as EB2?
I heard somewhere that EB category must be same to be able to claim the older priority date (I am not very sure). Please check with an attorney who has experience in claiming / substiuting original PD of a previous LC. Even if you apply a new PERM LC under EB3, you don't have to worry about retrogression since April 2000 is already current for EB3.
 
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Can someone please respond back... their experience in converting Regular Labor case to PERM keeping the original PD.

I have a regular case of Feb 2003 and i am thinking of converting it to PERM if i can keep my original PD.

Thanks
 
PERM without replacing old application

Hello Gurus,

Please help, i am working in a company from past 6 yrs and last yr i applied labor in RIR, now i want to apply labor thru' PERM with same employer without replacing my RIR application. IS that Possible??? if so after getting approval in PERM can i use my RIR PD?

Thanks in advance.
 
How to file perm by retaining old PD

Hi All,

This is the first time I am accessing this portal and I am glad to see so much info .

I have an LC pending at the Dallas processing center filed from CA. EB2- RIR- PD:3/05 - 45 day letter received and replied in october 2005.

My company is ready to convert/refile PERM for me. I want to keep my old priority date.

Can someone please guide me how I can apply perm and also retain my old priority date. (considering the requirements for my position is still the same)

Thanks
 
I applied in non-PERM in March 2005 under EB2 RIR.Now after almost a year,my attorney says that there are some errors with the advertisement that was given for my application and is suggesting me to apply in PERM.

So what will happen to my priority date.I have Bachelor's degree with 5 years experience.I'm in my 6th year now.I only have 7 months more.

What will happen to my H1 extension?Since I'm in my 6th year(H1 expiring in Nov 2006),do u think if I apply under PERM,my case will get approved before the next extension(Nov 2008)?

Thanks.
 
Rir-perm

I applied my RIR-> PERM conversion case on Dec 12, 2005
Old PD: Feb, 2004

Got withdrawl letter from PBEC in Jan.
 
Hello Mvinays,

Do you think it make sense if i apply under PERM now, my pd is march 2005 and no 45 days letter and my 6th yr H1 is expiring on sep 30th 2006, and my employer told me that adding ad time it is taking 2 and 1/2 months to get approved in PERM. please help, i am trying to analyze everything before taking any step.

Thanks in advance.


mvinays said:
Question 1: Wouldn't it make sense in my case to file under PERM, and then use the PD of April 2000 based on previous I-140 approval?
Yes it makes sense. I would do exactly the same thing if I were you.

Question 2: As of today, I have BS + 8 years experience. Does that mean I can file PERM as EB2?
I heard somewhere that EB category must be same to be able to claim the older priority date (I am not very sure). Please check with an attorney who has experience in claiming / substiuting original PD of a previous LC. Even if you apply a new PERM LC under EB3, you don't have to worry about retrogression since April 2000 is already current for EB3.
Click to expand...
 
anu.sonti said:
Hello Mvinays,

Do you think it make sense if i apply under PERM now, my pd is march 2005 and no 45 days letter and my 6th yr H1 is expiring on sep 30th 2006, and my employer told me that adding ad time it is taking 2 and 1/2 months to get approved in PERM. please help, i am trying to analyze everything before taking any step.

Thanks in advance.
Click to expand...

Hi anu.sonti,
Yes, it makes sense to apply under PERM. Go for it if your employer supports it and you have the money to spend. From the time you get PWD from your SWA, it takes at least 61 to 75 days to prepare and submit a PERM application. Once PERM is submitted, DOL should process it in 45 to 60 days. However, I have seen widely varying prcoessing times for PERM approvals in this forum(from a few days or weeks to several months depending on whether it gets audited, etc). One of the things that is very clear is that PERM processing speed is still a million times better than BEC / RIR processing speed. You make the choice!
 
Help switching from LC to PERM

I applied for LC on Feb 2005. I do not have any H1B Visa, or anything, I was working with my OPT and my lawer told me that he could get me a Work Authorizarion while waiting for the GC. Applied on Feb, they gave me a Work authorization, and everything was good so far.
After November my attorney told me that I needed to stop worlking. That my work permit was not valid anymore, that my LC was still pending and that I was not out of status because of my F1 status.
He does not like to talk much with clients, so I can not talk to him directly. There is no way to get an appointment for currrent costumers, not even over the phone, BUT you can get an appointment if you are a new client..... Only by email, I can get answers and I believe he does not write those either.
As right now, I don't have work permit, and my Divers Licence expires on June 2006, and I have not idea if any of the papers I have would help me to renew it. One answer I got on an email was that none of the paper I have would help.
Now, I was thinking of converting my LC to PERM. I wonder is that would help get the work authorization asap, and drivers licence. My attorney said that he does not recomend changing it to PERM.

Any ideas?
LC Receip Date: Feb, 12, 2005
FLORIDA
Thanks
 
Please pay and get an appointment with a good attorney

spend some moolah and get some appt with a good attorney. Go back to school and stay on F1 status, apply for H1 immediately once approved start working with the same employer. Also report that attorney to US DOL or INS, seems like he tried to do some fraud. How did he get you an EAD? was that part of OPT? Anyway it all seems very confusing to me.

futre828 said:
I applied for LC on Feb 2005. I do not have any H1B Visa, or anything, I was working with my OPT and my lawer told me that he could get me a Work Authorizarion while waiting for the GC. Applied on Feb, they gave me a Work authorization, and everything was good so far.
After November my attorney told me that I needed to stop worlking. That my work permit was not valid anymore, that my LC was still pending and that I was not out of status because of my F1 status.
He does not like to talk much with clients, so I can not talk to him directly. There is no way to get an appointment for currrent costumers, not even over the phone, BUT you can get an appointment if you are a new client..... Only by email, I can get answers and I believe he does not write those either.
As right now, I don't have work permit, and my Divers Licence expires on June 2006, and I have not idea if any of the papers I have would help me to renew it. One answer I got on an email was that none of the paper I have would help.
Now, I was thinking of converting my LC to PERM. I wonder is that would help get the work authorization asap, and drivers licence. My attorney said that he does not recomend changing it to PERM.

Any ideas?
LC Receip Date: Feb, 12, 2005
FLORIDA
Thanks
Click to expand...
 
good attorney?

scatcat said:
spend some moolah and get some appt with a good attorney. Go back to school and stay on F1 status, apply for H1 immediately once approved start working with the same employer. Also report that attorney to US DOL or INS, seems like he tried to do some fraud. How did he get you an EAD? was that part of OPT? Anyway it all seems very confusing to me.
Click to expand...

I had good references of this guy, at least two persons I know got the GC already. I paid him arround 10K for the whole process, is that cheap?
Any ideas of good attorney with experience in LC and PERM? Did not know about this forum back them.

I was working with EAD got it from OPT. Before expiring, the attorney filed I765(to get new permit), I140(allow a foreing worker), I485(Permanent Residence). He called this LC process.
He told me there wasn't more H1B visas and that was the only way to do it.
On Set. 2005 INS sent me an app. to go get my biometrics done in reference to the I485 number.
On DEcember I got an email from my attorney saying I must stop working because the extention was denied and my permits were not longer valid.
Called them several times, never got to talk to him, sent emails, and got very small answers, just yes/no answers.
Now, I asked him if it is a good idea to convert to PERM and he said no. Ask him to get an H1B visa, and he said no, there is no more visas for this year.
Any sugestions?
Any place where I can get help?
Thanks for your input.
 
How to file PERM by retaining old PD

PERM Gurus

I need your help. Could you please reply.

My Priority Date Feb 2002, under Dallas BEC.
45 Day Letter - Never received
Case Status - Data Review
H1 - Already in 7th Year Extension

My Company's lawyer is saying I can file new Labor under PERM with current Priority date of Mar 2006.
And keep old case as it is. Later on when new labor case filled under PERM is certified, lawyer will request for changing PERM's priority date to BEC Case's priority date.

I am not sure, so Question to PERM Gurus:

1. Can one keep 2 application for Labor one at BEC and one in PERM for an employee with same employer ?
2. If answer to 1 above is yes, should it be for same or different position ?
3. If answer to 1 above is yes, will my H1 Extension will have problem ?
4. Can one ask Labor department to change priority date once PERM case (Initially Priority date 2006 will be assigned) is certified, to that of BEC case. (In my case 2002)
5. If answer to 4 above is Yes, what kind of confirmation we get from Labor department that they have changed
Priority Date from 2006 to 2002.
6. If answer to 1 above is no. Then how does it work. What should I do to not loose priority date ?
6a. Once PERM application is certified, BEC application is closed automatically ?
6b. Priority date is transferred to that of BEC (2002), and is there any confirmaiton letter for that ?
7. Should minimum recruiting requirement should remain same between BEC application and PERM application ? EB category, RIR / Non-RIR and what else should be same ?

Pl reply as I need to take decision soon.

Thank You so much in advance.

HopeHope41
 
p76 said:
I applied my RIR-> PERM conversion case on Dec 12, 2005
Old PD: Feb, 2004

Got withdrawl letter from PBEC in Jan.
Click to expand...

Did you have to advertise again? Were you able to use the original priority date?
 
Conversion RIR-PERM EB2 got approved today

My conversion case was approved today.

RIR -PERM EB2
PD: Feb, 2004

FYI
 
Has any BEC-->PERM conversion ever been denied?

We have read on this thread several successful conversions (approved with old PD), can anyone share any case that failed (PERM rejected, or judged by DOL to be non-identical position, thus lost original PD?)

Thanks.
 
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p76 said:
My conversion case was approved today.

RIR -PERM EB2
PD: Feb, 2004

FYI
Click to expand...
Hi ,
Can pls give us full detials like ..
When your conversion is filed and steps we need to take to for the conversion?
Thanks
 
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