Conversion from BEC to PERM

Refiling with amendment

Refiling or Conversion in PERM by amending the job requirement/ minimum requirment in the old BEC application.

Please post if you have refiled after amending the old BEC application and how long to wait for refiling after requesting amendment at BEC or can the PERM be refiled while attaching documentation of amendments without waiting for confirmation from BEC on amendment.
 
Keep writing in this thread

Hi all,

It is sad that lot of people write their concerns in this thread regarding the frustrations and feelings and the moment their cases are approved, they do not respond to any queries. Please keep writing to some of the queries that the people are already in this thread are posting by the people who were in this thread before and got their LC approved.

Let us keep the rhythm moving and let us give a hope to all the people who are anxiously waiting for their LC...

cheers..
GC Miracle.
 
You comments plz.

My PERM LC was approved in June 2005 and I40 is also approved based on thin LC.

Now I also have pending Regular EB3 LC in BEC. Can I convert this PERM to get the earlier PD? and then once approved can I use this LC to get new I-140?

Thanks
 
You missed the chance

You did not excersie the option of utilizing BEC pending application priority date, while applying your PERM

Your approved PD date in I 140 can not be upgraded.

However, if "you have" any old approved i 140 from any other company on your behalf, with priority date which is now current, you may able to file your I 485.

-------------------------------------------------------

Malik_Labor said:
My PERM LC was approved in June 2005 and I40 is also approved based on thin LC.

Now I also have pending Regular EB3 LC in BEC. Can I convert this PERM to get the earlier PD? and then once approved can I use this LC to get new I-140?

Thanks
Click to expand...
 
Refiling suggestion

Company ready to file PERM -
1. Can file new PERM for MS+6 months for MS+2 yrs.
2. Can refile PERM MS+6 months for old 2001 remanded
LC which is MS+0 yrs.

Due to required identical criteria for refiling, doing (2) will require an amendment sent (couple of weeks before refiling, is this ok) to BEC justifying that company min requirement has changed from MS to MS+6 months for this job and send amendment copy when refiling PERM.

Please give any suggestions or will be very helpful if somebody has refiled with amendment on old LC can give some details as to the procedure for such refiling. Will the amendment not be considered by PERM processing and risk losing 2001 LC and priority date.

Thanks.
 
should i convert to perm?

Guys

I am from nepal and i have an application in BPC NY state non-RIR
Shoudl I convert to PERM keeping the old priority date and wait or
should I just wait for it to go throught the regular process.

which would be a better choice. Please let me know

Thanks
 
Dear Nepaliabu,

from the thread, you can see that all the re-filed cases are waiting for 4-5-6 months and no response from DOL. Till date, have seen only 2-3 approvals on the refiled cases. But the percentage of approvals on the non-refiles cases are much higher. I guess the time in requesting and getting our old cases from BEC is creating the delay and alos due to the need for some one to sit and compare all the values before making it sure that both applications are identical. May be this system may improve as the time passes, but if you are refiling, then expect a certain amount of delay in the range 6-8 months or more....if you want to keep the old priority date. Also make sure that they are excatly the same. If not, do not waste time and file for a fresh PERM. So weigh both options and take a decision. Discuss with lawer also. If I knew the delay wa so much, I amy not have done the refile, since my old priority date was Dec 2004 and the difference between the new and the old priority dates is less than 1 year. It may not be the case with all.

-gcmiracle.
 
Amendment to remanded application

How will the Dallas BEC handle if a remanded application, Oct 2001 is amended for min. requirement MS to MS+6 months and travel requirement is added in duties.

WIll the above amendment reset the PD on it and how does it impact if the application is RIR/TR. Thanks.
 
happy2006,

Congratualtions, can you tell me if your original filing was Regular LC or RIR?

happy2006 said:
Dear All,

I just got a call from my attorney that my PERM was approved.
I filed a conversion case in June 2005, with a priority date of Oct 2001.

It was EB3 , BS + 0 year Exp.
it was filed with Chicago center.

Good Luck to all of you and Happy New Year!
Click to expand...
 
$$$ to refile under PERM

all,

Do u know how much would it cost to refile under PERM. As you all know the great PBEC is a not a ray of hope.

Wanted to know from all you gurus who had their application stuck in PBEC and considered refiling under PERM.

Your response is definitely appreciated.

Thanks,
 
aamchimumbai said:
all,

Do u know how much would it cost to refile under PERM. As you all know the great PBEC is a not a ray of hope.

Wanted to know from all you gurus who had their application stuck in PBEC and considered refiling under PERM.

Your response is definitely appreciated.

Thanks,
Click to expand...

There is no extra cost for refiling. All you have to answer the first few queries saying that you need to keep the old filing dates while you fill the PERm application...
 
Hi, GC Miracle and others in this forum:

My attorney just call me and says that my case got certified today. It took almost 5 months. I wish GC Miracle and all others friends in this group will get your case approval soon. And see you guys in 140.

God bless you
 
Hi, GC Miracle and others in this forum:

My attorney just call me and says that my case got certified today. It took almost 5 months. I wish GC Miracle and all others friends in this group will get your case approval soon. And see you guys in 140.

God bless you
Click to expand...

Wow Congratulations to you! You are very lucky! When you say "5 months", what does this timeframe include?

My case is stuck in Philly BEC with Pd Oct 02 so I decided to switch to PERM. This is where I am now with PERM:

11-29-05: request for prevailing wage
12-06-05: rec'd prevailing wage
12-12-05: start of recruitment
02-12-05: we expect to file recruitment report with DOL

Based on your experience, when do you think I can file for I-140?
 
YCEOS said:
Hi, GC Miracle and others in this forum:

My attorney just call me and says that my case got certified today. It took almost 5 months. I wish GC Miracle and all others friends in this group will get your case approval soon. And see you guys in 140.

God bless you
Click to expand...
Dear YCEOS,

COngratulations ! I hope yours were a refile case. Were you able to retain your old priority date ( from your old case?). What was the old filing date and what was the new? Did your attorney did any follows ups with the DOL on the delay that you had experienced? Did you get any RFE? Did you filed in Atlanta or Chicago?

This is a very nice news for you and all of us....things are moving?
 
Congrats YCEOS! Good luck to you in the next stages.

Can you tell me if yours was a conversion from RIR or Regular? Was it EB3 or EB2? were you able to retain the the priority date?


YCEOS said:
Hi, GC Miracle and others in this forum:

My attorney just call me and says that my case got certified today. It took almost 5 months. I wish GC Miracle and all others friends in this group will get your case approval soon. And see you guys in 140.

God bless you
Click to expand...
 
Dear GC Miracle and other friends:

My case is a refile ( or called conversion) case. I do retain the old priority date, which is on August 2004. My PERM case was filed in Atlanta center on 9/20/2005 as EB2. It was certified on 1/30/2006. After filing the case, my company received a email in 5 minutes, and they replied it. Then, in the middle on November, a notice came from BLC ( Philadelphia ) and told us that old RIR case had been withdrew by the request of my PERM case. After that, the case status stayed as "In Process" for all the time when I checked it. Then, on yesterday, the attorney called us and told my case certified.

I hope everyone of you will get approval for you case soon. Take it easy, we will climb one mountain at a time. And I will meet you guys in 140.

God bless all of you

:)
 
File date: Non-RIR EB2 11/2002 IL
no reach region level
No 45 DL
Dallas backlog center

I am going to convert my traditional labor to PERM process this month.

Per my analysis on some Dallas backlog data, here are some findings:

1. They are focusing on processing the cases filed during 11/03 - 3/04
2. They are focusing on processing the cases which replied 45 DL during 1/05 - 5/05
3. Only one Non-RIR was approved, therefore, they are focusing on processing RIR case now
4. according to the number of certified cases from 11/05 to 1/06, they speeded up the case process. Again all of the cases are RIR.

Let's assume the backlog center can finish data entry before 6/06, but what about 45 Day letter? How long take them to complete this job? Maybe the answer is the end of 2006. My case will not be process until 2007

If I file conversion case 2 months later (April, 2006) and Chicago PERM center takes 6 months to aprove my conversion case, then I still will get the aproved labor before Oct. 2006.

Any comment?
 
I'm thinking exactly the same - talking to my company to see if they are willing to take the option.

NON RIR - EB3 05/2002 IL
NO 45 DL
Dallas BPC



yyang18 said:
File date: Non-RIR EB2 11/2002 IL
no reach region level
No 45 DL
Dallas backlog center

I am going to convert my traditional labor to PERM process this month.

Per my analysis on some Dallas backlog data, here are some findings:

1. They are focusing on processing the cases filed during 11/03 - 3/04
2. They are focusing on processing the cases which replied 45 DL during 1/05 - 5/05
3. Only one Non-RIR was approved, therefore, they are focusing on processing RIR case now
4. according to the number of certified cases from 11/05 to 1/06, they speeded up the case process. Again all of the cases are RIR.

Let's assume the backlog center can finish data entry before 6/06, but what about 45 Day letter? How long take them to complete this job? Maybe the answer is the end of 2006. My case will not be process until 2007

If I file conversion case 2 months later (April, 2006) and Chicago PERM center takes 6 months to aprove my conversion case, then I still will get the aproved labor before Oct. 2006.

Any comment?
Click to expand...
 
Hi Crammm,

Did you receive 45 day letter? I filed traditional labor on 11/2002 in Chicago. Still waiting for 45 dl. I am going to switch to PERM too.

yyang18


crammm said:
Wow Congratulations to you! You are very lucky! When you say "5 months", what does this timeframe include?

My case is stuck in Philly BEC with Pd Oct 02 so I decided to switch to PERM. This is where I am now with PERM:

11-29-05: request for prevailing wage
12-06-05: rec'd prevailing wage
12-12-05: start of recruitment
02-12-05: we expect to file recruitment report with DOL

Based on your experience, when do you think I can file for I-140?
Click to expand...
 
BEC to Perm

I have been researching this forum and other online forums and I am still not clear on the following.

If a LC is pending at the BEC, can an employer file a new PERM application (not conversion) for the same alien for a) the same job b) for a different job?

Which option is advisable of the two above?
 
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