Conversion from BEC to PERM

I

IndiraGandhi

Registered Users (C)
Please post your request or comments if you are going to convert your pending LC from either D-BEC or P-BEC to track the progress of your case and find more about what happens in such case, what would be the success rate, what procedure is required in doing such thing.

Thanks.
Regards,
IndiraGandhi
 
I am planning to refile under PERM. I will update the forum once I file the case.

Is there any way to keep existing case under BEC and file PERM? My understanding is that the job description has be to different - does that mean that the job title can be different with same description or that the job title must be different but can have same description or do both job title and description have to be different?

Thanks.
 
This is my first post.

Iam in the same boat as many others. I also plan to convert the same.
But apphrensive about the perm rejections.
I am in the 6th year currently and have filed under regular RIR in decemeber 2004
Attorney says that perm approvals have started coming in and should convert over the old process to perm. Can anybody suggest if this is good way to go?
There is so much information here. Please advise and thanks in advance
 
jharish said:
This is my first post.

Iam in the same boat as many others. I also plan to convert the same.
But apphrensive about the perm rejections.
I am in the 6th year currently and have filed under regular RIR in decemeber 2004
Attorney says that perm approvals have started coming in and should convert over the old process to perm. Can anybody suggest if this is good way to go?
There is so much information here. Please advise and thanks in advance
Click to expand...

According to the recent conversation between me and my legal representative, if I convert my old case that is sitting in BEC queue, and for some reason it gets starved of, I will mislay my Priority Date (PD). Since they started re-running the old filed denied cases, and the improvement has been carried out in their decision Matrix, I am positive that it will get cleared in due course.

Since you are running in your 6th year time limit, I would recommend you to leave your old file case in BEC, and file the fresh one in PERM.
 
IndiraGandhi said:
According to the recent conversation between me and my legal representative, if I convert my old case that is sitting in BEC queue, and for some reason it gets starved of, I will mislay my Priority Date (PD). Since they started re-running the old filed denied cases, and the improvement has been carried out in their decision Matrix, I am positive that it will get cleared in due course.

Since you are running in your 6th year time limit, I would recommend you to leave your old file case in BEC, and file the fresh one in PERM.
Click to expand...
Can you please explain, how we can leave the old case and apply a fresh case in PERM. What exacty should the differences be from the old case to the new one ?
 
chicchu said:
Can you please explain, how we can leave the old case and apply a fresh case in PERM. What exacty should the differences be from the old case to the new one ?
Click to expand...

Hi Chicchu: You can leave your old case, hopefully at one of the BEC, and file a fresh PERM case. I am not sure how your old case was initially filed in one of the SWA. One thing, if you wanted to let your old case at rest, and file new PERM, you won't retain the PD.

Please refer to this URL to know the Recruitment efforts in PERM.
http://www.murthy.com/news/n_docrec.html
 
Any Idea?

Just today, I heard from my lawyer that when I go file PERM, it will automatically replace the old case sitting in BEC queue. He further mentioned when one files PERM, you have to declare it in the application that you are doing the conversion of old case.

Is this peice of info is right? any thoughts?
 
PERM conversion

I think PERM cases by default will be treated as brand new unless you explicitly file it as a conversion case. My lawyer seems to be discouraging me against filing my PERM case as a conversion case.. Do people have some data on filed PERM conversion cases that have been successful?. Please let me know at the earliest. thanks!
 
Even my attorney advised the same. He says LC is for a particular job and I can't file for multiple positions with the same company. If you think logically you can not be possibly offered two positions at the same time.

You can file as a new case without disclosing the earlier case, but your attorney should be ready to do it. It is unethical, but some choose to do it and some don't. Some are only interesred in making money and ill-advise you to file a new PERM case. Everybody have to evaluate their risks and act accordingly.

IndiraGandhi said:
Just today, I heard from my lawyer that when I go file PERM, it will automatically replace the old case sitting in BEC queue. He further mentioned when one files PERM, you have to declare it in the application that you are doing the conversion of old case.

Is this peice of info is right? any thoughts?
Click to expand...
 
I filled PERM Conversion

Folks,

I filed a conversion in PERM. My case is currently sitting in the Audit Review queue which I guess makes sense since they have to match my old case in P-BEC and new one. Only if new one is exactly the same as old one then I can keep my PD. My situation was I got 7th year extension on my H1 and since I wanted to keep my PD due to retrogression issues me and my attorney work out that we should file the conversion rather than a new case. I not sure if new case will help right now to a lot of us since even if this gets cleared the retrogression will get us. Thought I share my 2 cents with the forumn.
 
sourcefactor said:
Folks,

I filed a conversion in PERM. My case is currently sitting in the Audit Review queue which I guess makes sense since they have to match my old case in P-BEC and new one. Only if new one is exactly the same as old one then I can keep my PD. My situation was I got 7th year extension on my H1 and since I wanted to keep my PD due to retrogression issues me and my attorney work out that we should file the conversion rather than a new case. I not sure if new case will help right now to a lot of us since even if this gets cleared the retrogression will get us. Thought I share my 2 cents with the forumn.
Click to expand...

Hi sourcefactor, could you share your further information if it is possible, like the your priority date and the old case filed state?

Also, I heard if one fails to get certified, then in result he/she loses the PD? what happens to PD when it gets rejected? Any idea?
 
If one received a 45 day letter from BEC and responded yes and for sure know about their case is in BEC (not in Transit and not gathering dust some where) it is not difficult for the CO to get the file to compare the identical, then it is advisable to do conversion. But if you filed in early 2005 and waiting for 45 day letter from BED, I am not sure how much time it will take to find that file. Instead we can file new PERM case for the same application and respond NOT TO CONTINUE for the 45 day letter from BEC.

Some attorneys are okaying filing new PERM when one is pending in BEC is for the above reason and also
2. PERM is not yet a solid system, we might be victims for the software problems.
3. According to DOL regulations & faq's so far it is not a fraud to file new case while one is pending in BEC, just that DOL does not expect to have two cases for one alien. The only rreason DOL does not expect two cases is to avoid employers misusing or selling these LC's for substitution. As long as we know that our employer is not one of those dirty dogs who tries to make money on LC's we should not hesitate to file new even if one is pending in BEC.
 
knowDOL is right if the cases are somewhere in the transit or gathering dust somewhere it may take a long time. But it was either this or losing the PD which was 10/2002 and I would rather wait on this than waiting to file the 485 for years. I am hoping that it will not be as long though
 
filing PERM in EB2

Hi guys n gals,

i have a pending EB3 Labor in PBEC. Since we all are well aware of the efficient speed at which PBEC is processing the cases (mine is PD 12/02), I am sure it will be a while before we see any substantial apporvals from them. In the meanwhile i m looking at the possibility of filing fresh app in EB2 PERM thru the same employer without touching my pending EB3 labor.

my first Q:
1. can i file a fresh EB2 PERM labor thru the same employer without impacing the pending EB3 labor at BEC ?

if hypothetical answer to first Q is 'YES YOU CAN'

then my 2nd Q is

That when I joined my employer, I only had very close to 5 years of Software Development experience. Now I have 8 years of Experience + only BAchelor's Degree in Computer Science from India. If I am able to convince to my employer to advertise my app in diff job profile the one which is required per new PERM rules for EB2 criteria then would my less than 5 years of before- joining-expereince to the same employer would be an issue ?


Any thoughts from you folks would be deeply appreciated.

thx
 
conversion question

Does anyone know that if one wants to file a conversion case (RIR to PERM) do they first HAVE to withdraw the case or they can just file by answering the first 2 questions of PERM form
 
sourcefactor said:
Does anyone know that if one wants to file a conversion case (RIR to PERM) do they first HAVE to withdraw the case or they can just file by answering the first 2 questions of PERM form
Click to expand...
YyOU HAVE TO WITHDRAW THE APPLICATIONS ULTIMATELY, BUT NOT IMMEDIATELY. JUST ANS FIRST 2 QUESTIONS AND SUBMIT, THEY RECONCILE IT CHECK THE PD.
 
sourcefactor said:
Does anyone know that if one wants to file a conversion case (RIR to PERM) do they first HAVE to withdraw the case or they can just file by answering the first 2 questions of PERM form
Click to expand...


Hello All,

As many of you, I am also in same boat except that I have two RIR's in PBEC and both are from same company but different locations. I am planning to have conversion of one RIR case into PERM and Once the PERM got approved then I will cancel my second RIR. Now my questions

1. Are there in risks in doing so?

2. Will this trigger to any audit or query from DOL?

3. If my PERM application not through can I continue with my RIR?

Thanks In advance

Raghu
 
sourcefactor said:
Folks,

I filed a conversion in PERM. My case is currently sitting in the Audit Review queue which I guess makes sense since they have to match my old case in P-BEC and new one. Only if new one is exactly the same as old one then I can keep my PD. My situation was I got 7th year extension on my H1 and since I wanted to keep my PD due to retrogression issues me and my attorney work out that we should file the conversion rather than a new case. I not sure if new case will help right now to a lot of us since even if this gets cleared the retrogression will get us. Thought I share my 2 cents with the forumn.
Click to expand...

What if your PERM get denied, then you cannot keep your PD. what will you do? Do you need to leave US since you are in your 7th of H1B? My attorney is warining me of that when I told her I want a conversion to PERM.
 
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I refiled my RIR under PERM too.

sourcefactor said:
Folks,

I filed a conversion in PERM. My case is currently sitting in the Audit Review queue which I guess makes sense since they have to match my old case in P-BEC and new one. Only if new one is exactly the same as old one then I can keep my PD. My situation was I got 7th year extension on my H1 and since I wanted to keep my PD due to retrogression issues me and my attorney work out that we should file the conversion rather than a new case. I not sure if new case will help right now to a lot of us since even if this gets cleared the retrogression will get us. Thought I share my 2 cents with the forumn.
Click to expand...

sourcefactor,

I refiled my RIR under PERM on June 7th. I am also in Audit Review since then. When did you file yours? Any idea how long we will be waiting?

Thanks.
 
US&Canada said:
sourcefactor,

I refiled my RIR under PERM on June 7th. I am also in Audit Review since then. When did you file yours? Any idea how long we will be waiting?

Thanks.
Click to expand...

Hi US&Canada,

Did you file a new case under PERM while one case pending at BEC without cancelling the old one? If so,
where did you file a new PERM application &
will everybody get into Audit when there is one pending at BEC that was not cancelled?


Thanks
 
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