Conversion from BEC to PERM

am100 said:
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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Hi,

My company filed a PERM for me and what they did was they made mentioned of the LC filed in 2003 with the number (no 45 days letter yet for 2 LC in PBEC) in the PERM and the PERM got certified. Now they are trying to cancel both LC in BEC. Best of luck.
 
P.D. portability

Hello everyone,

I have applied a future employment based G.C in April 2004 with a company and my labor got approved yesterday. Case detais: RIR, EB2, priority date 2004 April. Thanks all for your support.

I am in a big dilemma now, currently working for another company and about to apply my G.C in EB2 or EB3 PERM.

I don't know much about the former company in terms of size, job placement and revenues. With retrogressions in mind what would you guys recommend,
stay with the current company and apply G.C in perm.

Or join the company that processed my labour? If I do what are my chances for getting through all the stage of G.C without any hazard. Do I need to do any home work? At what stage I can join them?

Can I retain my approved labour p.d. if go ahead and apply g.c with current company in perm?
 
Sourcefactor,

Was your job description exactly same as before? I have situation where a new requirement has entered the job description. Does this cause trouble in conversion case?


sourcefactor said:
I filed my case in the end of June and an Audit was recieved by my employer end of July. It asked us to provide the case details that was filed in RIR. We replied and it moved from Audit to Final to In Process late August it has been there since. If that helps anyone.

Regards,
SF
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bectoperm,

Did you get any clarifications on this from any attorney?

bectoperm said:
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.
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Is my Co bsing me BEC conversion?

Guys:
I would appreciate some highly required advice, my LC was filed from delaware, philly and had a PD: July 2003. And like so many people i have been waiting endlessly for my labor approval.
Just a few month ago i talked with my company to file for my PERM. They have agreed to do so, but they say they CANNOT do a "Conversion" of my old labor application which is with a BPEC to PERM as they have since changed there location from New york to New Jersey? Is this a viable excuse not to do so or does it really hold any true justification?

I am calling out to all the perm whizes here to give me some answers..

-DD
PD: july 03 delaware - ain't 'aware' of a thing..
 
Is my co Bsing me..adding..

I missed out adding, that by doing so..that is not able to convert my old LC filing to PERM, i am going to loose my PD of July 2003!

So by changing our office from NY to NJ....blah blah! <company people talk>

Thanks for any advice.

DD
 
Hi DD_guy_here,

From legal point of view, what your attorney said is not wrong. But there is no black or white, because how far normal commuting range is always arguable. If your company or attorney plays game with you, then you have no choice.

A labor certification is specific to:
• the job (responsibility)
• the location of the job
• the company

It cannot be "transferred" to another company or to another site outside the normal commuting range. If any of these three factors changes, the labor certification is invalid for that employee.






DD_guy_here said:
Guys:
I would appreciate some highly required advice, my LC was filed from delaware, philly and had a PD: July 2003. And like so many people i have been waiting endlessly for my labor approval.
Just a few month ago i talked with my company to file for my PERM. They have agreed to do so, but they say they CANNOT do a "Conversion" of my old labor application which is with a BPEC to PERM as they have since changed there location from New york to New Jersey? Is this a viable excuse not to do so or does it really hold any true justification?

I am calling out to all the perm whizes here to give me some answers..

-DD
PD: july 03 delaware - ain't 'aware' of a thing..
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Thanks Yyang for the quick reply..i guess i am the one in the doghouse for a move which my company made.
will it over write my existing old case with delaware,when they apply for my perm?

also i am asking them to file via eb2 via perm. the old one was eb3.

Thanks.

DD
 
YCEOS,

In your case, have you had the company relocation experience? I try to explore the possiblity of converting my RIR to PERM, my company's office relocated to a new place which is about 3 miles away, same region. Really want to know if the PD can be retained under this condition.

thanks
YCEOS said:
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

:)
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Filing PERM

Hi Guys,

I need you expert advise :

I have a EB3 pending labor in BEC with PD Nov 01 with company A. Now Company B is ready to file my labor in PERM as future employee under EB 2.

I have some questions:

- I have BS + 2 YRS Diploma + 10 yrs experience..do I qualify for EB 2?
- Should I wait for my old labor or go ahead with the PERM under EB 2.. I will have to pay for all expenses and I might not even work for that company after I get my papers ?
- I heard once I have labor approved from both companies I can import PD from my old labor ?
- How long the PERM process takes ?
- How much is the normal charges for filing labor in PERM ?

Thank you in advance for your advise.
 
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
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yes i recd it my 45-day letter on 3-14-05. btw, i filed it in ca
 
4yrs full time + 2yrs part time = EB2?

Sorry to post this in wrong thread.

Can any body please share your thoughts on EB2 requirements.

I have 4 years of professional full time experience and 2 years of part-time (20 hrs) experience as research assistant. Will I qualify for EB2.

Thanks in advance for your thoughts.
 
My Q's 4 u:

1. How much does PERM Refiling cost? My tradtional LC is @ D-BEC, so will PERM entail only incremental costs (e.g. lawyer fee for refile) vs. keeping as is as traditional LC ('cuz recruitment ads, I-140/485 costs will roughly remain same)?

2. From USCIS Vermont Service Center website below (as of 2/8/06), I-485 has "Now Processing Cases with Receipt Notice Date of" 12/30/04: So, does this mean that Priority Date really does not gate (don't care ny ANthe I-140/I-485 processing time (as long as there is no cut-off date or PD preceeds it) and only the Receipt Notice Dates to USCIS of I-140/I-485 gates this?
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont

3. IF I meet all 3 conditions (no job order placed with SWA, all wage/advertising/recruitment req'ts met, job opp'ty "identical" to job description in original LC application), will DOL definitely grant retaining original priority date? OR can there still be any other reason of losing original priority date?

4. What are potential benefits of refiling as PERM in my specific LC case (> 3 yrs H-1B time remain) other than faster processing time? I'd think one may be "can avoid risk from job changes or getting assigned a cutoff date for EB2 IF my case remains as traditional LC case", correct? Any other benefits?

I'd appreciate it if you can provide answers right below my questions. Thanx!
 
please advice

hi gurus,

please advice me on filing or conversion to perm.

I am on my 8th year extension with the PD MARCH 2003 RIR EB3 with the PBEC filed under company A.

I have got a new job offer from company B. please advice me on the following questions.

1. Is it possible for me to change my H1b to company B, while i am on my 8th year extension.?

2. If Yes is the answer to Q.1, can I apply for a perm, retaining the old PD with the pbec.?

gurus, please advice me.

thanks in advance,
 
Hi friends,

I had filed last year under normal RIR and received a Priority Date of February 2005. This was filed under company A (although I work for company B, they are both owned by the same person) and my title was 'App Analyst'. Now they offered to file PERM. But they will file it under company B and a changed title of 'S/w Engineer'

Do I lose my previous PD ? Because this looks like a brand new case ? Is there anything I can do keep my PD.

- Thanks
 
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.

AmitD said:
Hi friends,

I had filed last year under normal RIR and received a Priority Date of February 2005. This was filed under company A (although I work for company B, they are both owned by the same person) and my title was 'App Analyst'. Now they offered to file PERM. But they will file it under company B and a changed title of 'S/w Engineer'

Do I lose my previous PD ? Because this looks like a brand new case ? Is there anything I can do keep my PD.

- Thanks
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Did anyone successfully convert from Regular LC to PERM?

I want know whether anyone has successfully got their LC converted to PERM retaining the PD on the original LC?
 
1. Yes you can transfer your h1b to Company B.

2. No u cannot retain the PD for your original PERM... Its for a different company.
Meera Maria said:
hi gurus,

please advice me on filing or conversion to perm.

I am on my 8th year extension with the PD MARCH 2003 RIR EB3 with the PBEC filed under company A.

I have got a new job offer from company B. please advice me on the following questions.

1. Is it possible for me to change my H1b to company B, while i am on my 8th year extension.?

2. If Yes is the answer to Q.1, can I apply for a perm, retaining the old PD with the pbec.?

gurus, please advice me.

thanks in advance,
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Crammm,

Did u try to retain your original PD?


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?
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