Conversion from BEC to PERM
- Thread starter IndiraGandhi
- Start date
great guru
Volunteer Moderator
michvin said:
You have to follow all the recruitment effort per PERM requirement, here you are retaining only the PD, all others you have to do it once again.
For Job order you should be careful. Read in between the lines for Job Order posting in the PERM circulars (There are 4).
IndiraGandhi
Registered Users (C)
pleaseGOD said:
Your employer needs to create a sub-account for you, thats where you go online and check your pending status would give you a fresh report of where you stand. First your application gets on Sponsorship, then once your replied the email of DOL, it goes to Process, and then certified or denied. There is no audit and or final review now.
PERM and 8th year H1
Hi,
I'm in same boat. My attorney asked me to do a conversion from RIR (05/2004) to PERM. But I'm worried about possible denial or mess up. I just got 7th year H1 last week till 05/2006. I appreciate your help with my questions:
1. Even if RIR-converted PERM for 7th year H1 holder get approved, let's say in next 7 month, by then, all EB categories are unaviable, how can I keep legal status in US? I don't file laber 365 days before filing for H1 extension. Anyone has suggestion and INS document? I didn't receive 45-day letter yet from PBEC yet.
2. If I file a new PERM while keeping my RIR pending in BEC, can I file same position in same company or I have to change position description? I was Software Engieer in RIR. What kind of position will be considered as different position than the one in RIR? what about job description?
3. I was working in NY office. But NY office has moved since filing in last May. Now my company will close its CA headquarter and consolidate into current new NY office. I read through the requiremnt as of IDENTICAL employer/address. Am I totally unqualified to convert RIR just by this address change?
thanks for your time.
Hi,
I'm in same boat. My attorney asked me to do a conversion from RIR (05/2004) to PERM. But I'm worried about possible denial or mess up. I just got 7th year H1 last week till 05/2006. I appreciate your help with my questions:
1. Even if RIR-converted PERM for 7th year H1 holder get approved, let's say in next 7 month, by then, all EB categories are unaviable, how can I keep legal status in US? I don't file laber 365 days before filing for H1 extension. Anyone has suggestion and INS document? I didn't receive 45-day letter yet from PBEC yet.
2. If I file a new PERM while keeping my RIR pending in BEC, can I file same position in same company or I have to change position description? I was Software Engieer in RIR. What kind of position will be considered as different position than the one in RIR? what about job description?
3. I was working in NY office. But NY office has moved since filing in last May. Now my company will close its CA headquarter and consolidate into current new NY office. I read through the requiremnt as of IDENTICAL employer/address. Am I totally unqualified to convert RIR just by this address change?
thanks for your time.
great guru
Volunteer Moderator
yxd0018 said:
hi guru.
>> If I file a new PERM while keeping my RIR pending in BEC, can I file same position in >>me company NO or I have to change position description?
>. Entirely new job position
needs some pointer for your suggestion that new PERM application can be filed even old LC is at BEC. company attorney suggested that -> same employee and employer leads to withdrawal of old LC.
Can you pl provide some pointer( pdf) of regulation..
i will appreciate it.
- thanks,
- nano
>> If I file a new PERM while keeping my RIR pending in BEC, can I file same position in >>me company NO or I have to change position description?
>. Entirely new job position
needs some pointer for your suggestion that new PERM application can be filed even old LC is at BEC. company attorney suggested that -> same employee and employer leads to withdrawal of old LC.
Can you pl provide some pointer( pdf) of regulation..
i will appreciate it.
- thanks,
- nano
great guru
Volunteer Moderator
nano_eda said:
You can not apply for two LC for the same positions(Same job title/PW) from the same company.
Definitely DOL will ask you to withdraw either one.
Inorder to keep your RIR case BEC, better go for brand new LC in PERM for entirely new job desciption.
great_guru != guru
I don't think great_guru is what the name intends to be.
The comments of grea_guru on this issue explicitly contradict those of Rajiv Khana, as follows
http://www.immigration.com/faq/perm.html
Q29 Can we file another Labor Cert application under PERM and still keep pending another application through RIR/NON RIR.
A29 Short answer: Yes. But do read on. If you want to transfer the priority dates, you will have to withdraw the old labor cert and re file within 210 days a PERM base labor cert. Both labor certs MUST be IDENTICAL (absolutely same). If you do NOT want to transfer the PD, you could file an identical OR a different application under PERM. As long as both applications are filed in good faith (not fraudulent), you can take advantage of both. USDOL does not like this practice, but so far they can do nothing about it.
great guru said:
I don't think great_guru is what the name intends to be.
The comments of grea_guru on this issue explicitly contradict those of Rajiv Khana, as follows
http://www.immigration.com/faq/perm.html
Q29 Can we file another Labor Cert application under PERM and still keep pending another application through RIR/NON RIR.
A29 Short answer: Yes. But do read on. If you want to transfer the priority dates, you will have to withdraw the old labor cert and re file within 210 days a PERM base labor cert. Both labor certs MUST be IDENTICAL (absolutely same). If you do NOT want to transfer the PD, you could file an identical OR a different application under PERM. As long as both applications are filed in good faith (not fraudulent), you can take advantage of both. USDOL does not like this practice, but so far they can do nothing about it.
volleyball
Registered Users (C)
PERM Conversion
Hi All,
I am waiting for my 45 DL from BEC but so far havent received. Talked to my lawyer and itseems they have done market analysis for my position and it passed which means they can apply PERM for the same position for which my current labour is pending.
So now I want the lawer to convert my current case to PERM ( my current case details are in my signature) to keep the PD. So my questions are:
1. Are there any problem with these kind of situations? Did any one get approvals lately or denials??
2. How long does such kind of cases take? And why do they have to contact BEC, cant they take the case details from the regional office database. My case made it to regional.
3. I have read through all the posts in this thread and saw 3 to 4 ppl who have converted their cases to PERM. Any updates??
4. I know there are some wage regulations in PERM and there are some catergories for each kind of posiiton in differnt state. How do they effect the approval and which category is the best? My case is EB2.
Thanks a lot.
Hi All,
I am waiting for my 45 DL from BEC but so far havent received. Talked to my lawyer and itseems they have done market analysis for my position and it passed which means they can apply PERM for the same position for which my current labour is pending.
So now I want the lawer to convert my current case to PERM ( my current case details are in my signature) to keep the PD. So my questions are:
1. Are there any problem with these kind of situations? Did any one get approvals lately or denials??
2. How long does such kind of cases take? And why do they have to contact BEC, cant they take the case details from the regional office database. My case made it to regional.
3. I have read through all the posts in this thread and saw 3 to 4 ppl who have converted their cases to PERM. Any updates??
4. I know there are some wage regulations in PERM and there are some catergories for each kind of posiiton in differnt state. How do they effect the approval and which category is the best? My case is EB2.
Thanks a lot.
volleyball
Registered Users (C)
Pd
One more question.
Indiragandhi I saw couple of your posts saying that if a case is re-filed under PERM and it gets rejected for some reason then you loose the PD?? Is that true? Lets say it gets rejected because of some techincal error and not because of employement requirements then too will I loose my PD??
My case has already gone from SWA to regional and mine was traditional, so it went throught the whole recuitment process and passed. Actually my company did recuitment process recently and it passed too so do anyone see any problems?? I know its pretty lame question to ask but I cant phrase it better. I want to know what problem are encountered so far and the risk associated with my case.
Thanks
One more question.
Indiragandhi I saw couple of your posts saying that if a case is re-filed under PERM and it gets rejected for some reason then you loose the PD?? Is that true? Lets say it gets rejected because of some techincal error and not because of employement requirements then too will I loose my PD??
My case has already gone from SWA to regional and mine was traditional, so it went throught the whole recuitment process and passed. Actually my company did recuitment process recently and it passed too so do anyone see any problems?? I know its pretty lame question to ask but I cant phrase it better. I want to know what problem are encountered so far and the risk associated with my case.
Thanks
New FAQ's from DOL permit only one LC per Alien
One Employer One Employee Labor Certification Principle Adopted by DOL
According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
Source: Immigration-Law.com
One Employer One Employee Labor Certification Principle Adopted by DOL
According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
Source: Immigration-Law.com
volleyball
Registered Users (C)
There is no activity in this group for quite some time.
Did anyone get any approvals for the conversion cases??
I am in the process of trying to get my case converted but is it true that the current salary has to be the same as the salary when my first LC was applied??
thanks
Did anyone get any approvals for the conversion cases??
I am in the process of trying to get my case converted but is it true that the current salary has to be the same as the salary when my first LC was applied??
thanks
DOL FAQ prohibite then re-consider multiple filing
~Question of the Week~
~AILA CLE and Publications Update~
*******************************
1. DOL Removes Multiple Filing Item from Its FAQ
In place of the prohibition on multiple filings in the Labor Department's August 8, 2005
FAQ on PERM, the FAQ now states that the "Department is considering questions and
information stakeholders have submitted in response to this FAQ posting, and will be
developing and posting a clarified response in the near future." AILA had raised several
serious concerns about the FAQ with DOL. For a link to the revised FAQ, go to AILA
InfoNet at document #05082540: http://www.aila.org/content/default.aspx?docid=17291
~Question of the Week~
~AILA CLE and Publications Update~
*******************************
1. DOL Removes Multiple Filing Item from Its FAQ
In place of the prohibition on multiple filings in the Labor Department's August 8, 2005
FAQ on PERM, the FAQ now states that the "Department is considering questions and
information stakeholders have submitted in response to this FAQ posting, and will be
developing and posting a clarified response in the near future." AILA had raised several
serious concerns about the FAQ with DOL. For a link to the revised FAQ, go to AILA
InfoNet at document #05082540: http://www.aila.org/content/default.aspx?docid=17291
NewAflatoon
Registered Users (C)
Risk converting to PERM
My PD is Dec 2002 and the case has made to CA regional and now it is pending in Philly BEC, recieved and replied to 45-days notice in march 2005.
I am asking my lawyer to be prepared to file another labor through PERM, just in case if I don't see any light in next 4 months or so. My lawyer is forcing me to keep the job title/description same for PERM and also mention the earlier case number while filing the PERM case so as to keep the priority date from my earlier case.
To me it seem logical, but I am not so sure. I am novice to this group and seeing that people do have great insight in overall PERM process. It would be appreciable if gurus on this group could provide some input on keeping the job title same to maintain the PD.
Has so far anybody succeed in converting his case from BEC to PERM and keeping the original PD?
My PD is Dec 2002 and the case has made to CA regional and now it is pending in Philly BEC, recieved and replied to 45-days notice in march 2005.
I am asking my lawyer to be prepared to file another labor through PERM, just in case if I don't see any light in next 4 months or so. My lawyer is forcing me to keep the job title/description same for PERM and also mention the earlier case number while filing the PERM case so as to keep the priority date from my earlier case.
To me it seem logical, but I am not so sure. I am novice to this group and seeing that people do have great insight in overall PERM process. It would be appreciable if gurus on this group could provide some input on keeping the job title same to maintain the PD.
Has so far anybody succeed in converting his case from BEC to PERM and keeping the original PD?
PERM approvals coming ....
Lots of PERM getting approved, i am still waiting since 04/29/05
http://www.murthy.com/news/n_percom.html
Lots of PERM getting approved, i am still waiting since 04/29/05
http://www.murthy.com/news/n_percom.html
mingmingxu
New Member
Is there any approval case of conversion
My lawyer has a lot concerns of filing conversion. She said there is no (none) approval cases, and gave a lot risks.
PD: 2/2005.
My lawyer has a lot concerns of filing conversion. She said there is no (none) approval cases, and gave a lot risks.
PD: 2/2005.
Options!
As we know, there are two options there could be:
1. Keep the original case at the BEC as is and file a fresh PERM case.
2. Convert the orginal case from the BEC to a PERM case.
With #1, you will maintain two PDs - one for the LC at BEC (2002/2003/etc.), the other for the fresh PERM case (let's say Nov 2005). There is a good probability of getting the labor cleared faster on the fresh case than on the one at the BEC. If labor gets cleared priored to retrogression (for EB2) takes effect, and you can file 140 AND 485 together before Jan 2006, this option is the best option.
In case the fresh PERM LC clears with NOT ENOUGH time to file 140 AND 485 TOGETHER before retrogression comes in, then, one can apply for the 140 and then gets H1B extensions for 3 years at a stretch but will HAVE TO wait for the PD to be current to be able to apply for 485 and EAD, etc.
In this case, it is better to take the Option #2 above.
The only problem with Option #2 above is that it will ALWAYS NECESSITATE an Audit. While this may not be a bad thing, as the two LCs need to be matched up, it may mean a long time before the case can even be adjudicated. This is primarily the reason why most of the people who have converted their BEC cases to PERM have not seen anything yet, while others filing a fresh PERM case have seen their cases cleared.
I am myself contemplating my decision on #1 or #2. My lawyer will not advise on what's best, and says that I should make a decision myself. Hopefully the discussion here will help me, and several others like me, in making the correct choice.
As we know, there are two options there could be:
1. Keep the original case at the BEC as is and file a fresh PERM case.
2. Convert the orginal case from the BEC to a PERM case.
With #1, you will maintain two PDs - one for the LC at BEC (2002/2003/etc.), the other for the fresh PERM case (let's say Nov 2005). There is a good probability of getting the labor cleared faster on the fresh case than on the one at the BEC. If labor gets cleared priored to retrogression (for EB2) takes effect, and you can file 140 AND 485 together before Jan 2006, this option is the best option.
In case the fresh PERM LC clears with NOT ENOUGH time to file 140 AND 485 TOGETHER before retrogression comes in, then, one can apply for the 140 and then gets H1B extensions for 3 years at a stretch but will HAVE TO wait for the PD to be current to be able to apply for 485 and EAD, etc.
In this case, it is better to take the Option #2 above.
The only problem with Option #2 above is that it will ALWAYS NECESSITATE an Audit. While this may not be a bad thing, as the two LCs need to be matched up, it may mean a long time before the case can even be adjudicated. This is primarily the reason why most of the people who have converted their BEC cases to PERM have not seen anything yet, while others filing a fresh PERM case have seen their cases cleared.
I am myself contemplating my decision on #1 or #2. My lawyer will not advise on what's best, and says that I should make a decision myself. Hopefully the discussion here will help me, and several others like me, in making the correct choice.
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