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Conversion from BEC to PERM
- Thread starter IndiraGandhi
- Start date
Thanks KnowDOL
knowDOL, thanks for your response.
But the 2nd sentence was tough to decipher. Could you please come again?
Thanks.
knowDOL, thanks for your response.
But the 2nd sentence was tough to decipher. Could you please come again?
Thanks.
knowDOL said:If getting Green Card is priority go for Option 2. But if getting EAD is critical (In order for spouse to work) and can wait and or two more for GC itself, go for option 1 and check your luck.
labordrags
Registered Users (C)
adekhne said:As we know, there are two options there could be:
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.
How can you make sure that once you step in doing the PERM conversion it will ALWAYS go for an audit??? There is no proof that they will audit the conversion cases? I don't think it is true - not sure who you are basing your idea upon, and where did you get an impression that most of the people who did conversion havenot seen their LC being cleared.
In order to convert your case, you case should not have gone into the job order phase. Which more or less means that the cases must not have gone to the recuritment process. Since in PERM, you are JUST filing it again - those cases that were not being placed on Job Order. I don't see why there will be an audit - either way the case would be the fresh one.
labordrags
Registered Users (C)
drirshad said:My case is BEC conversion to PERM filed 04/29/2005 no news yet.
Did any BEC conversion got approved in PERM yet .....
PERM official start date: March 28th, 2005.
In order to get the PWD, it takes from 2 weeks to 2 months in some state.
Once you get the PWD, placing a job order and running an ad, well, you have to run ad for 2 Sunday Edition if you are filing in a Professional position.
Then you have to wait for a month to show the recuriting effort.
Now to do all these things, how did you manage to do it within the a month after PERM got regulated?
reedandbamboo
Registered Users (C)
Hi all,
I'm in my 2nd year H1B and contemplating converting my RIR LC case (PD: March 2005) to PERM. My employer is trying very hard to dissuade me from converting but I definitely want to convert to PERM (even if it means relinquishing my RIR case).
I thought I'd check to see what your thoughts are regarding my situation? Should I be heeding my employer and continuing with RIR? Or is his stance on this issue biased because he wants me to stick around for the longest possible time on the H1B??
Thanks!
I'm in my 2nd year H1B and contemplating converting my RIR LC case (PD: March 2005) to PERM. My employer is trying very hard to dissuade me from converting but I definitely want to convert to PERM (even if it means relinquishing my RIR case).
I thought I'd check to see what your thoughts are regarding my situation? Should I be heeding my employer and continuing with RIR? Or is his stance on this issue biased because he wants me to stick around for the longest possible time on the H1B??
Thanks!
Ads and conversion .......
My attorney was already advertising the way PERM need it since end of 2004 and was ready to file end of March .....
I believe converting from BEC makes sense if you want the PD but looking at the forums i have not seen a single case approved in PERM that was converted ....
Talk to some well experienced attorney, they will give a 1 hour appointment. Getting a second opinion will help you.
My attorney was already advertising the way PERM need it since end of 2004 and was ready to file end of March .....
I believe converting from BEC makes sense if you want the PD but looking at the forums i have not seen a single case approved in PERM that was converted ....
Talk to some well experienced attorney, they will give a 1 hour appointment. Getting a second opinion will help you.
Audit reasons !
An 'Audit' will be triggered if your case is a conversion from an older BEC case to a PERM case. This can be considered to be true due to the fact that we have not seen any approvals on cases that have been 'converted' to a PERM case. The reason for the audit is this... .
In order to maintain the older PD, it would require the DOL to verify the job description, and other details in the older LC application, and compare it with the newer PERM application.
Most applications have not even been entered into the system. When these cases will be entered, only then can the newer PERM application be double checked. This is what is meant by an "Audit", in that the newer PERM applications will be audited against the existing LC applications to check for consistency.
Hence the reason why Audit will be triggered.
With the big unknown on how much longer it will take to get all cases entered into the system, is it better to file a fresh LC with a new PD? Or Convert older LC and maintain the PD?
Any thoughts?
An 'Audit' will be triggered if your case is a conversion from an older BEC case to a PERM case. This can be considered to be true due to the fact that we have not seen any approvals on cases that have been 'converted' to a PERM case. The reason for the audit is this... .
In order to maintain the older PD, it would require the DOL to verify the job description, and other details in the older LC application, and compare it with the newer PERM application.
Most applications have not even been entered into the system. When these cases will be entered, only then can the newer PERM application be double checked. This is what is meant by an "Audit", in that the newer PERM applications will be audited against the existing LC applications to check for consistency.
Hence the reason why Audit will be triggered.
With the big unknown on how much longer it will take to get all cases entered into the system, is it better to file a fresh LC with a new PD? Or Convert older LC and maintain the PD?
Any thoughts?
Perm While Labor pending at Backlog Center
Hi,
I have a pending labor certification at backlog center from present employer. Will it be ok if another company from the same state(California) files a Perm application for me? Will there be any collission between these two applications.
Thanks,
mercy1
Hi,
I have a pending labor certification at backlog center from present employer. Will it be ok if another company from the same state(California) files a Perm application for me? Will there be any collission between these two applications.
Thanks,
mercy1
Whazzz Up ........
Ultimately it happened .......
Until suckers dont capture the EB numbers from 2000 to 2004 there is no hope. Pack ur bags head to UK or even back home .....
http://shusterman.com/siu.html#1
Ultimately it happened .......
Until suckers dont capture the EB numbers from 2000 to 2004 there is no hope. Pack ur bags head to UK or even back home .....
http://shusterman.com/siu.html#1
drirshad said:My case moved from Audit Review to Final Review to In-Process ......
Can you please post the details of your case. When did you file for your labor in RIR. When did you refile in PERM (keeping the priority date). When did it go to Audit, how long was it in audit. Thanks very much. I was considering to refile in PERM but was discouraged since none of the cases got approved till now.
I have filed LC in oct 2003. Still didn't hear anything from philadelphia back log center. Now after retrogression the pd has been pushed back to Jan 98 for category EB3. My fifth year just expired few weeks back. So I have one more year to go then 1 year extenstion. so by Sep 2007 I will be out of the game.
Is that possible that I can file new lc under PERM maintaining the old PD ? If answer is yes, which are the important points I have to keep in mind?
Should I be able to file I-140 once LC is approved regardles of what is the PD ?
Any help is appreciated.
Thanks,
abra1976
Is that possible that I can file new lc under PERM maintaining the old PD ? If answer is yes, which are the important points I have to keep in mind?
Should I be able to file I-140 once LC is approved regardles of what is the PD ?
Any help is appreciated.
Thanks,
abra1976
chandoo27, pls check private message.
chandoo27 said:I am in the same boat, Applied under RIR with PD July 2004 and is in BEC. Is it possible to apply for another Labor under PERM from different Employer? Suggestions, Comments highly appreciated..
Hello everyone,
I have a scenario which poses a few questions. Hope I get answers from you guys.
I work for a company who has filed for my RIR LC in 08/2004. I have finished 4yrs + 9 months on my H1-B
- The software development team from company A (which we are part of) may become a new company B, lets say. We would still be working for A.
- Can B file for fresh LC through PERM while I still work for A, as LC is for a "future" position?
B may not have more than 10 employees to start with and would have just started as a company. Would these factors limit the ability to apply for a LC?
- If B can file PERM, the job description, Salary, Title and ofcourse - the company name, will be different from our RIR LCA.
Can we keep two LCAs open under our names - one for A and one for B - at the same time?
- Can we use employment at A towards experience for B?
Can we apply for EB-2 category in PERM? Does EB-2 speed up the process?
- If PERM LC from B is approved first, are we required to join B immediately?
Can we then cancel the RIR LC from A ?
- If PERM LC from B is denied, can we still keep the LCA from A ?
- If B were to be a "wholly owned subsidiary" and not an Incorporated company of its own, do these answers have any changes ?
Thanks much,
I have a scenario which poses a few questions. Hope I get answers from you guys.
I work for a company who has filed for my RIR LC in 08/2004. I have finished 4yrs + 9 months on my H1-B
- The software development team from company A (which we are part of) may become a new company B, lets say. We would still be working for A.
- Can B file for fresh LC through PERM while I still work for A, as LC is for a "future" position?
B may not have more than 10 employees to start with and would have just started as a company. Would these factors limit the ability to apply for a LC?
- If B can file PERM, the job description, Salary, Title and ofcourse - the company name, will be different from our RIR LCA.
Can we keep two LCAs open under our names - one for A and one for B - at the same time?
- Can we use employment at A towards experience for B?
Can we apply for EB-2 category in PERM? Does EB-2 speed up the process?
- If PERM LC from B is approved first, are we required to join B immediately?
Can we then cancel the RIR LC from A ?
- If PERM LC from B is denied, can we still keep the LCA from A ?
- If B were to be a "wholly owned subsidiary" and not an Incorporated company of its own, do these answers have any changes ?
Thanks much,
Hi All,
I'm in my 7th year on H1B.
First employer: EB3: My labor was approved and my I-140 was approved. PD was April 2000.
Second employer: EB3: My labor is under processing at Dallar BEC. PD is December 2001. Details in the signature below.
Question 1: Wouldn't it make sense in my case to file under PERM, and then use the PD of April 2000 based on previous I-140 approval?
Question 2: As of today, I have BS + 8 years experience. Does that mean I can file PERM as EB2?
Thanks
I'm in my 7th year on H1B.
First employer: EB3: My labor was approved and my I-140 was approved. PD was April 2000.
Second employer: EB3: My labor is under processing at Dallar BEC. PD is December 2001. Details in the signature below.
Question 1: Wouldn't it make sense in my case to file under PERM, and then use the PD of April 2000 based on previous I-140 approval?
Question 2: As of today, I have BS + 8 years experience. Does that mean I can file PERM as EB2?
Thanks