Conversion from BEC to PERM

PERM filing with an old PD

lcwaitforever -

I do not think your PBEC case is denied when your new PERM case is denied, but you need to withdraw your PBEC case when you file your new PERM to keep your original PD.

I am in a simular situateion with you - my labor is pending in PBEC and our company is now trying to recruit for my new PERM. I am expecting we can file my new PERM in Augast this year timeframe, and I want to decide which we should take regular or keeping my PBEC priority date, looking at the fate of Comprehensive Immegration Reform Bill. My case is EB3 RIR NJ Other Countrys 7th H-1B approved and the visa number is not available now, so I need to think about the bill anyway.

But I feel like you should not file a PERM conversion application, since your PD is enough old to get approved soon - there is a risk that your PBEC case is already withdrawn when your PERM is denied. My PD is 8/2004, so it may be more worth to take the risk for me than you though. And if your visa number is available, I think it may be better to file a reguler PERM because it can be quickly approved; now a days, some people get approvals in a couple of weeks. And once your I-140 gets approved, your H-1B can be extended upto 3 years.

I recomend that you should talk to your lawyer about these things, and I hope it helps you to decide your best way.
 
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Hi yuLC,
How did you manage to convince your employer to file for PERM conversion? Since I saw many people got their PERM conversion approvals I am also thinking of asking my HR to file for PERM conversion.
Since mine is EB3 (See my signature for details), Do you think it is worth to file a fresh PERM-EB2 (or) file PERM conversion(in which case I can retain PD and I belong to EB3)?
 
PERM conversion with old PD

yuLC said:
lcwaitforever -

I do not think your PBEC case is denied when your new PERM case is denied, but you need to withdraw your PBEC case when you file your new PERM to keep your original PD.

I am in a simular situateion with you - my labor is pending in PBEC and our company is now trying to recruit for my new PERM. I am expecting we can file my new PERM in Augast this year timeframe, and I want to decide which we should take regular or keeping my PBEC priority date, looking at the fate of Comprehensive Immegration Reform Bill. My case is EB3 RIR NJ Other Countrys 7th H-1B approved and the visa number is not available now, so I need to think about the bill anyway.

But I feel like you should not file a PERM conversion application, since your PD is enough old to get approved soon - there is a risk that your PBEC case is already withdrawn when your PERM is denied. My PD is 8/2004, so it may be more worth to take the risk for me than you though. And if your visa number is available, I think it may be better to file a reguler PERM because it can be quickly approved; now a days, some people get approvals in a couple of weeks. And once your I-140 gets approved, your H-1B can be extended upto 3 years.

I recomend that you should talk to your lawyer about these things, and I hope it helps you to decide your best way.
Click to expand...


I am also in a similar situation. My PD is June 2002, EB2, Traditional track. My feeling is that PERM will get through faster than my traditional application. I heard it is taking long time get approvals when the application is merged with a previous one. I am planning to retian my original PD since I feel PERM will be anyday faster and I can retain my original PD. I am in my 5'th year of H1B. Any suggestions on this? thanks.
 
PERM Conversion Advantage

sss2000 said:
Hi yuLC,
How did you manage to convince your employer to file for PERM conversion? Since I saw many people got their PERM conversion approvals I am also thinking of asking my HR to file for PERM conversion.
Since mine is EB3 (See my signature for details), Do you think it is worth to file a fresh PERM-EB2 (or) file PERM conversion(in which case I can retain PD and I belong to EB3)?
Click to expand...

sss2000,

In my case, I just asked my company's attorney, and he just answered it is fine. But to convince an employer generally, you can say you want to keep your orignal PD due to the visa nmuber retrogression.

Looking at your case, I am not familiar with non-RIR case, but I think it is worth to file PERM, since you may be stuck in BEC for a long time because your case is non-RIR. For a fresh or conversion, I think it depends on your priority date. If your visa number will be available when you go to EB2, then PERM-EB2 is a better choice. But it is still not available, you need to think about how your EB2 visa number is retrogressed. My feeling is the immigration reform will be enacted in this year, and the visa number issue will be solved, but nobody knows it now.

I feel like if you can file a fresh PERM-EB2 instead of EB3 PERM conversion, it looks better to me; generally, EB2 is less retrogressed than EB3 and you still can keep your old labor pending in BEC even if the PERM case is denied (although DOL does not like it, you look to able to do it).
 
Conversion from PERM EB2 non-RIR

skynet2500 said:
I am also in a similar situation. My PD is June 2002, EB2, Traditional track. My feeling is that PERM will get through faster than my traditional application. I heard it is taking long time get approvals when the application is merged with a previous one. I am planning to retian my original PD since I feel PERM will be anyday faster and I can retain my original PD. I am in my 5'th year of H1B. Any suggestions on this? thanks.
Click to expand...

skynet2500,

I am wondering if your case may has been remanded to SWA in CA looking at your PD, and is this true? I was in CA at that time, and my old PD was 10/2002 and I survived it, but my company was closed, and I started a new labor with a different company in NJ.

I think you should go to the PERM conversion to keep your original PD if you can do. I feel like the PERM conversion takes 3 or 4 months now, so quick enough. And you are still in the 5th year H-1, so it is less problem for H-1 extension.
 
PERM Conversion - TX

yuLC said:
skynet2500,

I am wondering if your case may has been remanded to SWA in CA looking at your PD, and is this true? I was in CA at that time, and my old PD was 10/2002 and I survived it, but my company was closed, and I started a new labor with a different company in NJ.

I think you should go to the PERM conversion to keep your original PD if you can do. I feel like the PERM conversion takes 3 or 4 months now, so quick enough. And you are still in the 5th year H-1, so it is less problem for H-1 extension.
Click to expand...

YuLC,

I filed my case in TX. My case has been remanded to SWA.

My concern is how long PERM approval would take for the conversion case. I heard people have been waiting for more than six months in PERM conversion cases. On the other hand, fresh PERM cases are taking about 1-2 months for approval. Any advices are appreciated.
 
yuLC said:
lcwaitforever -

I do not think your PBEC case is denied when your new PERM case is denied, but you need to withdraw your PBEC case when you file your new PERM to keep your original PD.

I am in a simular situateion with you - my labor is pending in PBEC and our company is now trying to recruit for my new PERM. I am expecting we can file my new PERM in Augast this year timeframe, and I want to decide which we should take regular or keeping my PBEC priority date, looking at the fate of Comprehensive Immegration Reform Bill. My case is EB3 RIR NJ Other Countrys 7th H-1B approved and the visa number is not available now, so I need to think about the bill anyway.

But I feel like you should not file a PERM conversion application, since your PD is enough old to get approved soon - there is a risk that your PBEC case is already withdrawn when your PERM is denied. My PD is 8/2004, so it may be more worth to take the risk for me than you though. And if your visa number is available, I think it may be better to file a reguler PERM because it can be quickly approved; now a days, some people get approvals in a couple of weeks. And once your I-140 gets approved, your H-1B can be extended upto 3 years.

I recomend that you should talk to your lawyer about these things, and I hope it helps you to decide your best way.
Click to expand...

yuLC,
Do we need to withdraw our old case while PERM application in process?
My case is pending in PERM since 8 months, so I am thinking that they want withdrawl permission first to approve PERM case.

Any responce from anyone would be appreciated.
 
Conversion question

Hi gurus,

Any input will be appreciated about my situation.

My PD is Dec 2003, Non-RIR. I received my 45 day letter from DBEC last month.

I want to convert to PERM, but I have a lot of stumbling blocks.

1) My company got acquired by a bigger company last year and the bigger company is the "successor of interest". Even though my DBEC LC is still under the old company name, when the recruitment phase starts, the lawyer says he will specify that the old comany was acquired, and will use the new company name from then on. (I am also in the process of changing lawyers as the new company uses a different law firm. I am hoping that they will better qualified than my current lawyer! I would not wish my current lawyer even upon my worst enemy. I am stuck with him because the old company refused to pay for anybody else!)

2) Our Office location also moved 1/2 a mile down the road after we got acquired. My Lawyer has updated my original LC with the new address.

3) I am now in my 8th year of H1.

Given these constraints, is PERM conversion possible and even advisable. I am TIRED of waiting in DBEC with nothing occuring. Even the recruitment phase has not started as it is traditional LC.

All DOL says is that backlog will be done by sep 07. Like I believe that! :mad:

Arihant.
 
I am on the same boat.
My priority date is Oct 2003, NON-RIR, EB2.
45-letter received, replied in early May 2006.

I will be very soon on my 7th year H1.

I am debating if I should convert to PERM. When talking to my company attorney, they strongly recommend not to do the PERM conversion. From what I read, the conversion PERM processing takes a couple of months. And it will take approximately 4-6 months to prepare and file a PERM application (according to the company attorney. )
If I believe what DOL says (to clear up all pending labor cases by Sept. 2007), maybe it's better to wait for the current labor. But DOL is notorious in not keeping their words.

arihant said:
Hi gurus,

Any input will be appreciated about my situation.

My PD is Dec 2003, Non-RIR. I received my 45 day letter from DBEC last month.

I want to convert to PERM, but I have a lot of stumbling blocks.

1) My company got acquired by a bigger company last year and the bigger company is the "successor of interest". Even though my DBEC LC is still under the old company name, when the recruitment phase starts, the lawyer says he will specify that the old comany was acquired, and will use the new company name from then on. (I am also in the process of changing lawyers as the new company uses a different law firm. I am hoping that they will better qualified than my current lawyer! I would not wish my current lawyer even upon my worst enemy. I am stuck with him because the old company refused to pay for anybody else!)

2) Our Office location also moved 1/2 a mile down the road after we got acquired. My Lawyer has updated my original LC with the new address.

3) I am now in my 8th year of H1.

Given these constraints, is PERM conversion possible and even advisable. I am TIRED of waiting in DBEC with nothing occuring. Even the recruitment phase has not started as it is traditional LC.

All DOL says is that backlog will be done by sep 07. Like I believe that! :mad:

Arihant.
Click to expand...
 
hxshet said:
yuLC,
Do we need to withdraw our old case while PERM application in process?
My case is pending in PERM since 8 months, so I am thinking that they want withdrawl permission first to approve PERM case.

Any responce from anyone would be appreciated.
Click to expand...

Did you file your PERM application as a conversion case? If it is true, your old labor should be automatically withdrawn, and no need to withdraw it separately.

I think PERM may provide some online case tracking, what does it say for you? I am not familar with it though.
 
Non-RIR case in BECs

In my opinion, if your pending labor in a BEC is non-RIR, it is better that you go to PERM, since so many 245 i cases (I believe the most of them are non-RIR) are still pending and your case will never be looked at soon (in my feeling, they take at least one year even if they can complete all cases by 9/2007. But I doubt they can finish it as they commited). If you do not have the visa quota issue, you can take a fresh PERM, and if you have, you can take a PERM conversion. But even if you take either of them, you will get your labor certification earlier than from BECs. But this is my opinion, and not what a lawyer is saying, and you can choose what you want...

I saw somewhare someone is mentioning 45 day letter should be received before a PERM conversion case is filed, and anyone knows about it? I feel like if you receved 45 day letter, your case is fully in their system, and it helps to shorten the withdrawing process, but how do you think about it?
 
Waiting for 5 years - -- I have to go PERM

Here are my details:
MI Non-RIR, PD 8/27/2001
45DL received 10/05
No movement since then.... :(
I have finally convinced my attorney and HR to file PERM. Question is:
1- Do I file fresh PERM or convert old application? I just got aproval for 8th year H1B ending 11/07.
2- Am I taking risk either way? I don't think I will have a quotta issue later?
Please let me know. This is getting very confusing.
Thanks,
Mohan
 
Mohan,
File a fresh PERM without converting the old case to PERM (in order to avoid risk of automatic PERM denial, in which case you may lose your old priority date).

If you get your I-140 approved via the new PERM application, you will get H-1B extensions in three year chunks if you are stuck in visa retrogression. If you are not affected by visa retrogression, you can file I-140 & I-485 immediately after PERM approval.

Also, the old application at BEC may get certified anytime soon since Philly BEC seems to have woken up suddenly ( we are seeing a lot of approvals from Philly BEC recently). Just hang in there. I know it ican be very frustrating! :(
 
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yuLC said:
In my opinion, if your pending labor in a BEC is non-RIR, it is better that you go to PERM, since so many 245 i cases (I believe the most of them are non-RIR) are still pending and your case will never be looked at soon (in my feeling, they take at least one year even if they can complete all cases by 9/2007. But I doubt they can finish it as they commited). If you do not have the visa quota issue, you can take a fresh PERM, and if you have, you can take a PERM conversion. But even if you take either of them, you will get your labor certification earlier than from BECs. But this is my opinion, and not what a lawyer is saying, and you can choose what you want...

I saw somewhare someone is mentioning 45 day letter should be received before a PERM conversion case is filed, and anyone knows about it? I feel like if you receved 45 day letter, your case is fully in their system, and it helps to shorten the withdrawing process, but how do you think about it?
Click to expand...

Hi,

I thought similarly and refiled the my BEC in the perm. It's been 5 months nothing happened. The way I understand is, nothing is linked, every case is different. If your case is a real vanilla, that is, nothing changed from bec to perm , then you may get the nod from DOL a bit quickly. Otherwise it will be in the blockhole.
 
Wisdom

My friend's previous company where he worked 3 years is ready to apply EB2 (MS +2 year exp.) labor application for him. He is working in a diferent company in last six month.

I heard that using the same company experinces is not permissible and as he doesn't have 2 years experince with any other employer...is there any risk involve in going back to the previous employer and apply in PERM?

Thanks.
 
How much faster of EB2 PERM is over EB3 PERM

Hi.

How much faster of EB2 PERM is over EB3 PERM? Pros and Cons? I'm picking between EB2 or EB3 route.

My PD is March 2004
I'm on 7th year H1B

Thanks!
Slowpork
 
PERM Conversion to different Employer in 7th Year

I have a Question regarding Conversion:

I have filled for LC from Atlanta, GA on 10-Feb-2005, EB2 RIR category from company A and I finished my 6th year last month.
I want to file for PERM from Company B. I want to know
1) If I can join new Company B in my 7th Year. If yes,
a) for how many years will I get H1 (I guess 1 more year)
b) can I convert my earlier LC from EB2 RIR to EB2 PERM (to different company)
c) what If I file for a new PERM from company B. Can I still keep my old LC and ask my employer A to continue the process.

Thanks
 
RIR to PERM. question regarding the 45Day letter

Hi, all

Just a question for you guys who received the 45days letter after applied for PERM(converting from RIR):

how did you replied this letter? telling DOL you are withdrawing RIR case?


Also, I asked my lawyer regarding the converting case: 4month approval is the fast one, half year is normal, still some waiting after 10 months. Is this true?


Thanks
 
Advise please

All,
Mine is EB3 Non-RIR. Pl see my signature. Company lawyer says 'The application was filed via the regular recruitment method and recruitment has already been completed'. Does it mean my case doesn't have to go through recruitment again? Since recruitment has already been done, Do they consider my case as RIR? What other steps are involved before my case gets approved? I am planning to do BEC to PERM conversion. What are the pros/cons if I do BEC to PERM conversion?

Thanks
 
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