Conversion from BEC to PERM

[HopeOnLC04]

Is it true that re-file PERM is always going to be audited?

My tradtional LC was filed in July 2004. I re-filed my tradtional LC using PERM in July. in September, I got a audit notice. Some people say re-file LC as PERM always incurs audtis, but from what I read on this thread, it appears not true. Has anyone re-filed PERM but didn't incur audit?

Bummer, audit could take a year to complete.

 

[a_jadi]

None of the people that I know (those who re-filed under PERM) got any audit. That is a small data to base anything on, but personally, I don't think there is any such trend.

My tradtional LC was filed in July 2004. I re-filed my tradtional LC using PERM in July. in September, I got a audit notice. Some people say re-file LC as PERM always incurs audtis, but from what I read on this thread, it appears not true. Has anyone re-filed PERM but didn't incur audit?

Bummer, audit could take a year to complete.

 

[DKSearch]

EB3-RIR
PD (ETA 750): 6/2004
ETA 750 Certified: 12/2006
PD (http://travel.state.gov/visa/frvi/bulletin/bulletin_3100.html): 8/2002

Considering this situation, I am wondering if it is recommended to change my case to PERM if my employer supports EB2 filing. My PD will be current within 22 months (8/2002~6/2004) based on the Visa Bulletin as of today. If I change my case to PERM, it will take, anyway, several months to get ETA 750 certified. In general, how many months does it take from Advertising to Certified with PERM? Also, how "safe" is it when you change your case to PERM when you already got ETA 750 certified.
I am trying to figure out the pros and cons, and any risks associated with PERM to decide whether I stay on EB3 with the Labor Cert or go for PERM.
Can you please share your experiences/thoughts?

Thank you so much.

 

[whowastemylife]

questions about the conversion.

Hi, GuyFromSg / Every one,

I am planning to do the conversion. I am very anxious about my case now. I have been waiting for 4+ years. However I got a couple questions here.
1) Does the job description and job requirement in the Advertisement have to be exactly same as the RIR? My lawyer did a very poor work. The job requirement he wrote was very bad. He is fired anyway. But I am wondering if I can make some amendament for that? If yes, how much can I modify for it?
2) What is the Advertisement requirement for the RIR? The lawyer only posted 1 day advertisement for my RIR, and it was not Sunday. (What kind of lawyer I found!!) What's the possibity my case will be denied if I stay with my RIR?

Thanks in advance.

Wow my case was cerified today. In 62 days the LC to PERM conversion went through. Filed for LC in 2/22/05. Applied for PERM conversion on 10/6/06. Few days latter the case was withdrawn from Backlog center. Certified on 12/6/06. Mine was filed under EB-2. Thanks to everyone for your support.

 

[spdal]

I applied for PERM conversion on 12/1 but have not heard anything yet.
Stats:
Non RIR EB2 - 02/2003
PERM Conversion - 12/1/2006

Thanks,
spdal

 

[joelly]

EB3-RIR
PD (ETA 750): 6/2004
ETA 750 Certified: 12/2006
PD (http://travel.state.gov/visa/frvi/bulletin/bulletin_3100.html): 8/2002

Considering this situation, I am wondering if it is recommended to change my case to PERM if my employer supports EB2 filing. My PD will be current within 22 months (8/2002~6/2004) based on the Visa Bulletin as of today. If I change my case to PERM, it will take, anyway, several months to get ETA 750 certified. In general, how many months does it take from Advertising to Certified with PERM? Also, how "safe" is it when you change your case to PERM when you already got ETA 750 certified.
I am trying to figure out the pros and cons, and any risks associated with PERM to decide whether I stay on EB3 with the Labor Cert or go for PERM.
Can you please share your experiences/thoughts?

Thank you so much.

I have the same case as you. I am debating of converting to PERM but is it worth it. My PD is 8/2004.

If using PERM, my lawyer said that it will take 3 months to advertise, then 2-3 months to get LC approved, then file I-140 after LC approved and wait for I-140 approve is another 6 months, then I-485 is another 6 months, so total is 18months.

Can anyone clarify if this is worth it? Has anyone else come across the same train of thoughts?

Your reply is highly appreciated.

 

[Faundez]

I wouldn't

I have the same case as you. I am debating of converting to PERM but is it worth it. My PD is 8/2004.

If using PERM, my lawyer said that it will take 3 months to advertise, then 2-3 months to get LC approved, then file I-140 after LC approved and wait for I-140 approve is another 6 months, then I-485 is another 6 months, so total is 18months.

Can anyone clarify if this is worth it? Has anyone else come across the same train of thoughts?

Your reply is highly appreciated.

My personal opinion: I wouldn't refile. I'm in the same boat, just got my EB3 PLC certified today. My PD is 10/29/2004. I'd rather wait and keep extending H1-B until PD is current. Wouldn't want to run into problems that may jeopardize my PD and PLC that has already been approved an lose years of work in getting to this stage.

 

[spdal]

My personal opinion: I wouldn't refile. I'm in the same boat, just got my EB3 PLC certified today. My PD is 10/29/2004. I'd rather wait and keep extending H1-B until PD is current. Wouldn't want to run into problems that may jeopardize my PD and PLC that has already been approved an lose years of work in getting to this stage.

Faundez,

Can you please put the time line of when you applied for PERM conversion, the withdrawal, in process and certified....

Thanks much,
spdal

 

[h1babu]

Conversion case from July 2006 still waiting

Spadal,

My conversion case is from July 2006 and am still waiting for Withdrawing my old case or for the progress of my new case.

Good Luck!!

H1Babu

 

[Faundez]

My time line

Faundez,

Can you please put the time line of when you applied for PERM conversion, the withdrawal, in process and certified....

Thanks much,
spdal

EB3
PD (original filing RIR): 10/24/04
Refiled PERM: 11/24/06
BEC withdrawn: 12/14/06
PERM certified: 1/12/07

 

[spdal]

EB3
PD (original filing RIR): 10/24/04
Refiled PERM: 11/24/06
BEC withdrawn: 12/14/06
PERM certified: 1/12/07

Just a general question...is there a difference in the time it takes for a RIR-PERM conversion versus a NonRIR-PERM conversion...Mine is NonRIR while most of the cases quickly certified here are RIR-PERM conversion...

 

[Faundez]

RIR-PERM vs. Non-RIR-PERM

Just a general question...is there a difference in the time it takes for a RIR-PERM conversion versus a NonRIR-PERM conversion...Mine is NonRIR while most of the cases quickly certified here are RIR-PERM conversion...

I don't see why there would be any difference. There shouldn't be, since when filing PERM you do your whole recruiting efforts again and file all over again, same work whether you filed RIR or non-RIR previously.

I don't think there should be any difference. At least the law does not distinguish between the two.

 

[life_w/o_gc]

I don't see why there would be any difference. There shouldn't be, since when filing PERM you do your whole recruiting efforts again and file all over again, same work whether you filed RIR or non-RIR previously.

I don't think there should be any difference. At least the law does not distinguish between the two.

Unfortunately it looks like they are differentiating between RIR-conversion

and NON-RIR conversion. Everyday I check status of my NON-RIR case

still its showing as "IN Process". In fact last month Dallas backlog processing

office sent one query to my lawyer regarding my old case. As per my

knowlege once you file PERM your old case gets automatically withdrawn.

Well, we have no option but to wait and see.

Good luck guys.

 

[CaliforniaDream]

Please help.

If anyone knows this, plese help.

I have pending TR case from May 2003.
I want to convert my case as PERM. My only concern is what if while the PREM is being prepared, DOL send out RI? Can I still preceed PERM case?

Any idea?

Thank you.

 

[joelly]

My personal opinion: I wouldn't refile. I'm in the same boat, just got my EB3 PLC certified today. My PD is 10/29/2004. I'd rather wait and keep extending H1-B until PD is current. Wouldn't want to run into problems that may jeopardize my PD and PLC that has already been approved an lose years of work in getting to this stage.

Faundez,

I don't understand why shouldn't I try PERM. My reason to refile using PERM is to get approve as EB2, thus I can proceed with I-140 and I-485.

I saw your other posts and actually you did the same thing. You was using RIR in 2004 and then you use PERM in 2006.

Can you specify your reason? Maybe something happen with your case that you don't tell me yet.

Thank you in advance. If anyone else can shed a light in my concern, please post your comment also. Thanks!!!!

 

[prezcalvin]

Hi all,

For some of you concerned about BEC to PERM conversion timelines, my PERM case just got approved today.

Mine was EB2 non RIR original PD 10/2003. Filed for PERM conversion on 07/06/2006. Dallas BEC showed old LC case as withdrawn on 12/01/2006. Chicago PERM Center approved PERM on 01/16/2007.

Hang in there guys. It took more than 6 months, but at least the first hurdle is now clear.

 

[joelly]

Can you still keep PD 2003?

Hi all,

For some of you concerned about BEC to PERM conversion timelines, my PERM case just got approved today.

Mine was EB2 non RIR original PD 10/2003. Filed for PERM conversion on 07/06/2006. Dallas BEC showed old LC case as withdrawn on 12/01/2006. Chicago PERM Center approved PERM on 01/16/2007.

Hang in there guys. It took more than 6 months, but at least the first hurdle is now clear.

Prezcalvin,
Can you still keep the old case PD? Have you apply I-140 for your old case?

I am indecisive to refile LC using PERM. The purpose is to refile using EB2.

My case is as follows:
EB3
PD 8/2002
LC approved 9/30/2006
I-140 filed 10/2006 (in process)

Will you recommend to refile?
If anyone can help me decide, pls reply. I appreciate it. Thanks!!!!

 

[prezcalvin]

Hi Joelly,

Yes, I kept my old PD 10/2003. My old LC case had not been approved so there was no question of applying I-140 for it.

I am sorry, I just don't know enough to recommend or not recommend refiling in your scenario one way or the other. I have been EB2 throughout. Just keep in mind, that conversion cases on average are taking 6-8 months, so if you think it still makes sene to refile, go for it, unless you have a reason to suspect that your case may not get approved.

 

[Faundez]

Do not refile

Prezcalvin,
Can you still keep the old case PD? Have you apply I-140 for your old case?

I am indecisive to refile LC using PERM. The purpose is to refile using EB2.

My case is as follows:
EB3
PD 8/2002
LC approved 9/30/2006
I-140 filed 10/2006 (in process)

Will you recommend to refile?
If anyone can help me decide, pls reply. I appreciate it. Thanks!!!!

Why do you want to refile?

Your LC has been certified and you have filed I-140. Also, your PD is in the current month, current PD for EB3 is 1/8/2002. Once your PD falls in the current PD for EB3 you can file Adjustment of Status, you're almost there.

 

[joelly]

Sorry, I typo the PD, should be PD 8/2004

Why do you want to refile?

Your LC has been certified and you have filed I-140. Also, your PD is in the current month, current PD for EB3 is 1/8/2002. Once your PD falls in the current PD for EB3 you can file Adjustment of Status, you're almost there.

Faundez,
I misinform you. My PD is 8/2004, not 8/2002. So, do you think refile is a good alternative.
The reason I want to refile is to get EB2. My job allow me to do that currently. However, I have heard that conversion cases took longer to approve, even with PERM. I read from other posts here that a conversion case from RIR to PERM with intention of retaining old PD will take longer (6-8 months) to approve LC and maybe subject to audit.
Only new cases using PERM usually a lot faster.
Can you verify if this is true?
If this is true, then it just the same if I wait for EB3, right?
I appreciate your reply very much.