Conversion from BEC to PERM
- Thread starter IndiraGandhi
- Start date
sourcefactor
Registered Users (C)
Yeah congrats it was fast too considering the wait period that is going on in this thread
GCcomesoon
Registered Users (C)
Question
Hi
I have RIR EB2 labor filed from CA with PD - 5/13/03, Its moved to DOL in 4/2004 & there after at the PBEC.The 45 day letter has been received.
I'm on 7th year extension now.Should I apply PERM which might take 90 days of ads & then approx 2 months to processing.
As of now PBEC is processing CA cases dated June-July-2002.
Gurus I need some suggestions here, Should I proceed with the PERM ?
Thanks
GC comesoon
Hi
I have RIR EB2 labor filed from CA with PD - 5/13/03, Its moved to DOL in 4/2004 & there after at the PBEC.The 45 day letter has been received.
I'm on 7th year extension now.Should I apply PERM which might take 90 days of ads & then approx 2 months to processing.
As of now PBEC is processing CA cases dated June-July-2002.
Gurus I need some suggestions here, Should I proceed with the PERM ?
Thanks
GC comesoon
Hi, paliopolis:
Congratulations. When you get your labor certification, can you tell us if you retain the priority date, which is Dec 2004.
thanks
Congratulations. When you get your labor certification, can you tell us if you retain the priority date, which is Dec 2004.
thanks
paliopolis said:Guys
I just got a call from my attorney that my PERM was approved.
I filed a conversion case in Early October , with a priority date of Dec 2004.
It was EB3 , BE + 2years Exp.
it was filed with Chicago center.
Good Luck to all of you guys, looks like Chicago is finally working.
Did you receive the audit letter?
Congrats, paliopolis! The approval of your case gives us some hope. I heard that every conversion case had to go through audit process, did you also go through the audit? Thanks.
paliopolis said:Guys
I just got a call from my attorney that my PERM was approved.
I filed a conversion case in Early October , with a priority date of Dec 2004.
It was EB3 , BE + 2years Exp.
it was filed with Chicago center.
Good Luck to all of you guys, looks like Chicago is finally working.
Congrats, paliopolis! The approval of your case gives us some hope. I heard that every conversion case had to go through audit process, did you also go through the audit? Thanks.
paliopolis
Registered Users (C)
Hi All
YCEOS --> Yes I retained my Priority Date of Dec 2004, atleast that's what the letter that my attorney got says, that the application date is Dec 2004 ( which should be the priority date )
US&Canada --> No , mine did not go through any audit.
But my attorney got a letter a week before the approval that my case at the BackLog center has been cancelled as per the request, and then a week after that the case status was changed to certified and he got the letter ( official paper one ) yesterday.
YCEOS --> Yes I retained my Priority Date of Dec 2004, atleast that's what the letter that my attorney got says, that the application date is Dec 2004 ( which should be the priority date )
US&Canada --> No , mine did not go through any audit.
But my attorney got a letter a week before the approval that my case at the BackLog center has been cancelled as per the request, and then a week after that the case status was changed to certified and he got the letter ( official paper one ) yesterday.
frostrated
Registered Users (C)
paliopolis
congrats on your lc approval.
When you converted your case to perm, did you have to go through the whole recruiting process again? what was your case, TR or RIR?
congrats on your lc approval.
When you converted your case to perm, did you have to go through the whole recruiting process again? what was your case, TR or RIR?
paliopolis
Registered Users (C)
frostrated said:
Yes , the company did everything all over again, the hole Nine Yards and that too with special requirements necessary for PERM.
And it was RIR.
Perm & 45 day Letter.
TLC on March 2005.
PERM on OCT 2005.
Using the PD of March 2005
Recieved 45 day letter from BEC on dec 9th.
My attorney is waiting till the last minute to reply for the 45day letter, saying, will have a result from perm before that.
Will this be a good idea ? I am just.........don't know what to do. What do you guys think ?
66 days on perm and waiting.
TLC on March 2005.
PERM on OCT 2005.
Using the PD of March 2005
Recieved 45 day letter from BEC on dec 9th.
My attorney is waiting till the last minute to reply for the 45day letter, saying, will have a result from perm before that.
Will this be a good idea ? I am just.........don't know what to do. What do you guys think ?
66 days on perm and waiting.
indigroove
Registered Users (C)
What are the implications of receiving the 45day letter on filing PERM. Can you not just reply back to the 45day letter asking them to continue the old application and also continue with PERM conversion case?
Does receiving the 45day letter mean that one cannot file a PERM conversion case?
Does receiving the 45day letter mean that one cannot file a PERM conversion case?
sourcefactor
Registered Users (C)
If you perm is conversion I think that if attorney replies back by saying that we already have applied to the PERM and give that case details you would be better off. However, this is just an opinion based upon that fact that I am waiting for almost 6 months and I never received the 45 days letter and based upon neumerous inquiries no movement until they find the case in BRC.
eternal-lc
Registered Users (C)
Question on refiling PERM for BEC LC
I am thinking of refiling my old LC application using PERM.
According to PERM requirements there should not be any layoffs in similar jobs with the employer in the past 6 months at the time of filing. It does not say anything about the impact of layoffs when the PERM application is adjudicated.
For an old non-PERM LC there should not be layoffs for 6 months before filing LC and also for 6 months before the time of final determination of the application.
Does anybody know what would be the impact during adjudication on a PERM LC refiled using a old LC and if there are layoffs after filing the PERM LC. Does the old non-PERM LC terms apply here or the new PERM LC terms apply.
I am thinking of refiling my old LC application using PERM.
According to PERM requirements there should not be any layoffs in similar jobs with the employer in the past 6 months at the time of filing. It does not say anything about the impact of layoffs when the PERM application is adjudicated.
For an old non-PERM LC there should not be layoffs for 6 months before filing LC and also for 6 months before the time of final determination of the application.
Does anybody know what would be the impact during adjudication on a PERM LC refiled using a old LC and if there are layoffs after filing the PERM LC. Does the old non-PERM LC terms apply here or the new PERM LC terms apply.
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Perplexed_Desi
New Member
NC EB3 Case
I am new to this forum and would appreciate if someone could provide advice/opinions to the following concerns (or direct me to where I could find help).
I have an EB3 (PD Oct 2004) case at PBEC. My employer has agreed to pursue a PERM application. Which is preferred?
1. Refile for same job and maintain current 2004 PD (if this is indeed allowable).
2. Refile a new application for a different job under EB2 (which means that I lose the 2004 PD)
Also, my current lawyer is a company lawyer and hasn’t been very helpful for my individual needs / concerns.
I am located in NC and am looking for a good immigration attny. for a second opinion and some independent counsel. Any recommendations?
Thanks for all your help. Vande Mataram!
I am new to this forum and would appreciate if someone could provide advice/opinions to the following concerns (or direct me to where I could find help).
I have an EB3 (PD Oct 2004) case at PBEC. My employer has agreed to pursue a PERM application. Which is preferred?
1. Refile for same job and maintain current 2004 PD (if this is indeed allowable).
2. Refile a new application for a different job under EB2 (which means that I lose the 2004 PD)
Also, my current lawyer is a company lawyer and hasn’t been very helpful for my individual needs / concerns.
I am located in NC and am looking for a good immigration attny. for a second opinion and some independent counsel. Any recommendations?
Thanks for all your help. Vande Mataram!
GCin-waitng
Registered Users (C)
I've got a prevailing wage and am considering filing a Schedule A application/ I140- to get around the retrogression issue. My atty has never done one of those before for a non-nurse..she says its abit like EB 1. My questions are:
1. Can I use the same prevailing wage for both Sch A and for PERM?
2. Is it necessary to do the medical for I-485
thanks for any feedback
I have a PD 0f 8/04 at DBEC
1. Can I use the same prevailing wage for both Sch A and for PERM?
2. Is it necessary to do the medical for I-485
thanks for any feedback
I have a PD 0f 8/04 at DBEC
Re-use the old PD(EB3) for different category (EB2)
Can't we re-use the old PD(EB3) for a refile case under different category (EB2)?
I am under the impression that it can be done if its with the same employer. I dont have any resource/link to confirm this.
Can't we re-use the old PD(EB3) for a refile case under different category (EB2)?
I am under the impression that it can be done if its with the same employer. I dont have any resource/link to confirm this.
Perplexed_Desi said:
my PERM was approved
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!
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!
sourcefactor
Registered Users (C)
happy 2006,
congrats can you tell us which date in June 2005. Mine are similar dates but no response yet. Did you got any letters from BEC?
congrats can you tell us which date in June 2005. Mine are similar dates but no response yet. Did you got any letters from BEC?
Question on Re-filing 'identical criteria'
DOL says the old BEC LC and refiled LC has to be identical with some accepted amendments.
The recruitment criteria for the same job has changed between now and then (2001) and hence the minimum requirement for current PERM recruitment data is MS+6 mons while previously it was MS for the same job.
Will the above difference cause the refiled application to be considered as not identical in PERM. The company lawyer does not have any concerns about it and he says it is expected to be identical since the minimum requirments are different at different times for the same job and on some other basis. Is it possible that such differences can be justified as same on any basis and please provide any details on such situations.
Has anybody filed PERM conversion where the minimum requirements are not exactly identical but more restrictive or less restrictive due to currently available PERM recruitment.
What is the risk of losing the 2001 LC and Priority date. Thanks.
DOL says the old BEC LC and refiled LC has to be identical with some accepted amendments.
The recruitment criteria for the same job has changed between now and then (2001) and hence the minimum requirement for current PERM recruitment data is MS+6 mons while previously it was MS for the same job.
Will the above difference cause the refiled application to be considered as not identical in PERM. The company lawyer does not have any concerns about it and he says it is expected to be identical since the minimum requirments are different at different times for the same job and on some other basis. Is it possible that such differences can be justified as same on any basis and please provide any details on such situations.
Has anybody filed PERM conversion where the minimum requirements are not exactly identical but more restrictive or less restrictive due to currently available PERM recruitment.
What is the risk of losing the 2001 LC and Priority date. Thanks.
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