Conversion from BEC to PERM

if you look back at previous posts in this forum you will find that old applications are withdrawn typically 1 to 2 months after a conversion is filed. Withdrawal has no connection with the final adjudication of the new application.

If you filed without asking to retain the same priority date then it would not be withdrawn and you could maintain parallel applications.
 
canonrir said:
if you look back at previous posts in this forum you will find that old applications are withdrawn typically 1 to 2 months after a conversion is filed. Withdrawal has no connection with the final adjudication of the new application.

If you filed without asking to retain the same priority date then it would not be withdrawn and you could maintain parallel applications.
Click to expand...

The company lawyer notified me that my PERM conversion case had been approved this week. I submitted the conversion application on 7/25/06. It took about 6 weeks to get approved.

I did not confirm if my priority date was kept. But my pending case in Dallas backlog center was withdraw already.

EB2/IL/Nov.15, 2002/never reach region level/TR
 
What is the process?

Hi there,

I have applied for the conversion CA EB2 TR Dec 2002 priority date on July 11, 2006. The old application is in Dallas BEC. The new application went to Chicago Processing Center. My lawyer or the employer had not received any information. I have checked on the new BEC case tracking system and my old case says "In Process". What is the process? Is this going okay or not. If it is not approved, what are the options?

Thanks for the response,
H1Babu (aspiring to be a GC Babu !!!)
 
Status Checks in BEC

Hello Gurus,

I have tried to check the status in BEC through the following websites:

http://www.pbls.doleta.gov/pbls_pds.cfm -- Status CLOSED

http://testlabor.doleta.gov/pbls/pbls_pds.cfm -- status In Process

For the same case number for example, D-05173-80147 both these web sites show a different status. Why is this? Has anyone experienced this?

I am confused, one website says Closed, other says In Process... which one is correct?

Thanks,
H1Babu :confused:
 
same situaion

I have similar siutiation, but even worse than yours. I'm conversion filed on 04/10/06. It shows "In Process" (per lawyer, they don't give me the case number). However, the BEC case also shows "In Process". It took 5 months and the case it still not show "withdrewn". :mad:
I think I'm just going nowhere.


h1babu said:
Hi there,

I have applied for the conversion CA EB2 TR Dec 2002 priority date on July 11, 2006. The old application is in Dallas BEC. The new application went to Chicago Processing Center. My lawyer or the employer had not received any information. I have checked on the new BEC case tracking system and my old case says "In Process". What is the process? Is this going okay or not. If it is not approved, what are the options?

Thanks for the response,
H1Babu (aspiring to be a GC Babu !!!)
Click to expand...
 
h1babu said:
Hello Gurus,

I have tried to check the status in BEC through the following websites:

http://www.pbls.doleta.gov/pbls_pds.cfm -- Status CLOSED

http://testlabor.doleta.gov/pbls/pbls_pds.cfm -- status In Process

For the same case number for example, D-05173-80147 both these web sites show a different status. Why is this? Has anyone experienced this?

I am confused, one website says Closed, other says In Process... which one is correct?

Thanks,
H1Babu :confused:
Click to expand...

The testlabor site is actually a test site and has made up data. The other site www.pbls.doleta.gov/pbls_pds.cfm is the correct one. Your labor case seems to be CLOSED. Talk to your lawyer. Somehow your case is closed and its better you talk to your lawyer ASAP.
 
I found this and can't understand but I definitely think this will affect applications pending with the BEC then switched to PERM. Can somebody please explain. Thanks.



09/23/2006: Consequences of PERM Filing with "Refile" Option on Pending BEC case

The 09/12/2006 Liaison Minute clarified the DOL policy on the issue as follows:
PERM database and BEC database are growingly communicating quicker and BEC will almost immediately take out as withdrawn.
If BEC case is approved either before the PERM case is adjudicated or BEC takes action taking out such case as withdrawn, such certified BEC application will remain valid. In such cases, employers will be allowed to withdraw the pending PERM application.
If BEC case is still pending and such PERM is denied, two consequences will take place. The beneficiary loses the priority date of the BEC case. Additionally, the BEC case is considered automatically withdrawn. Quickly refiling of another PERM application will not change the deadly consequences on both PERM application and BEC application. However, employer can file a motion to reconsider if justifiable. If the motion is granted and certifies the original PERM application, the old priority date will not be affected.
Click to expand...
 
crammm said:
I found this and can't understand but I definitely think this will affect applications pending with the BEC then switched to PERM. Can somebody please explain. Thanks.
Click to expand...

I think the consequences of converting a BEC to PERM has not changed. Even before this update, if PERM is denied the BEC case is also denied and so the PD will be lost. Conversion is actually withdrawing the case from BEC and processing the PERM case. Earlier it took some time to withdraw the case now it's done faster?.
 
I have to make a decision..

My non-RIR LC is pending in PBEC with PD of Feb'05. Since it's taking lot of time company agreed to process PERM and they have completed the pre-PERM requirements. Lawyer is ready to file next week and I have to make this dreadful decision of (a) Either converting LC to PERM which is actually withdrawing the LC while PERM is processed (b) File as a new PERM application.

I searched every message board and spent money talking to lawyers ( not company ones but reputed outside one) and still can't make a decision. The lawyer said DON'T, it's like gambling you will either win or loose everything :confused: .

The sole consolation is at least this board has a separate thread about conversion but still the results seem to be mixed. At least there are some successful cases.

My question is if the PERM is denied I'll loose everything PD, no pending LC etc. Does any one have experience where it's denied and subsequently cleared through appeals? I've seen some people with very early PD's doing conversions and I admire their courage.

I've already extended the H1 by 1 1/2 years by recapturing some time.

Any suggestions would be helpful.
 
Actually I haven't seen any case where conversion cases were "denied". There might be delays but no extreme cases of complete failure. Have you seen any?

I filed my conversion case othis month, although my origianl PD is 12/2001. I haven't heard anything back.

Good luck to you...



guyfromsg said:
My non-RIR LC is pending in PBEC with PD of Feb'05. Since it's taking lot of time company agreed to process PERM and they have completed the pre-PERM requirements. Lawyer is ready to file next week and I have to make this dreadful decision of (a) Either converting LC to PERM which is actually withdrawing the LC while PERM is processed (b) File as a new PERM application.

I searched every message board and spent money talking to lawyers ( not company ones but reputed outside one) and still can't make a decision. The lawyer said DON'T, it's like gambling you will either win or loose everything :confused: .

The sole consolation is at least this board has a separate thread about conversion but still the results seem to be mixed. At least there are some successful cases.

My question is if the PERM is denied I'll loose everything PD, no pending LC etc. Does any one have experience where it's denied and subsequently cleared through appeals? I've seen some people with very early PD's doing conversions and I admire their courage.

I've already extended the H1 by 1 1/2 years by recapturing some time.

Any suggestions would be helpful.
Click to expand...
 
clbd said:
Actually I haven't seen any case where conversion cases were "denied". There might be delays but no extreme cases of complete failure. Have you seen any?

I filed my conversion case othis month, although my origianl PD is 12/2001. I haven't heard anything back.

Good luck to you...
Click to expand...

Thank you. No I have not heard any denials. Talking to company and other lawyers they don't want to make a decision for you ( which is correct). They give the pros and cons and I'm left to do the research.

My original LC and PERM both will be EB-2. The job requirement is BS+5 years experience and I have that. Should be ok I guess.
 
Got Approved!!

Hi All,

Wanted to share a good news. My PERM got approved in 35 days from Atlanta centre. It wa a conversion case from BPC Philly. MY actual proirity date is 17 March 2005.

Thank you all for your help and inputs.

Regards
 
My backlog case was withdrawn, Is it normal?

Hi,

My case is a conversion one from baklog to PERM since Jan 2006. I got 45-day letter about 2-3 months ago. I checked my backlog case online, and it was under "In Process" back then about 2 weeks ago. I just checked it again last friday, and it's now under "Withdrawn" Also my lawyer just received the withdraw letter today.

I wonder if this is normal? Why would they withdraw my backlog case? But my PERM case (conversion from backlog to PERM) is still under "In Process".

Please anyone have any ideas about this?

Thank you.
 
Congratulations and that is encouraging for the rest of us. Did you receive "withdraw" notice from backlog center before it was approved?


needlabor said:
Hi All,

Wanted to share a good news. My PERM got approved in 35 days from Atlanta centre. It wa a conversion case from BPC Philly. MY actual proirity date is 17 March 2005.

Thank you all for your help and inputs.

Regards
Click to expand...
 
Cerruti said:
Hi,

My case is a conversion one from baklog to PERM since Jan 2006. I got 45-day letter about 2-3 months ago. I checked my backlog case online, and it was under "In Process" back then about 2 weeks ago. I just checked it again last friday, and it's now under "Withdrawn" Also my lawyer just received the withdraw letter today.

I wonder if this is normal? Why would they withdraw my backlog case? But my PERM case (conversion from backlog to PERM) is still under "In Process".

Please anyone have any ideas about this?

Thank you.
Click to expand...

It is normal. Conversion is actually withdrawing your old LC from Backlog center and processing the PERM case. So now your priority date is tied to the PERM case. Good luck with that.
 
Hi All,
I have been approached by one company to substitute the labor.

Do approved PERM labor can be substituted for other person? Please help me.

Thanks
Arun
 
Cerruti wrote...
I wonder if this is normal? Why would they withdraw my backlog case? But my PERM case (conversion from backlog to PERM) is still under "In Process".
Click to expand...

How were you able to to check the status of your PERM application. Is there a website for it just like the BEC?
 
VERY IMPORTANT for CONVERSION CASES !!!

Hi Guys,

I just saw a posting on www.immigration-law.com where it states that if the PERM conversion case is denied, both the old and PERM case will be lost. Can someone please post if this is correct? I am in the 6th year and my PERM conversion case was applied before entering into 6th year thinking that I will at least have at least one year for the H-1 extension.

====
10/06/2006: Consequences of RIR Conversion Request

The decision of RIR eligibility by the BEC will result in the following consequences:
If approved, the case will move to the RIR queue per the priority date, and not the decision date. Therefore, the cases will be processed fairly quickly.
If RIR eligibility is denied, the case will remain in the TR queue. Besides, the alien beneficiary will not lose the priority date. Remember that this rule is limited to the situation where the application is denied on RIR eligibility issues and not other substantive issues.
All in all, risks of denial of RIR conversion request appear to be almost none or limited, unlike the PERM conversation case where the denial will result in loss of priority date and loss of both PERM and BEC cases.
====

Thanks,
H1Babu
 
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