Conversion from BEC to PERM

I just wanted to share my good news, hoping it would encourage others. My case was originally filed as a non-RIR on April 27, 2001 - thus I'm grandfathered by 241(i). Filed PERM conversion in October 2005. We just got notice of the Labor Cert approval. The downside to this is that I lost my PD given that the job description was not considered identical, but after 5 years of wait, I am happy it was approved!

I have not seen any 241(i) cases so far in this forum, is somebody familiar with these cases or is there a different forum for these? I thought it'd be interesting to see other people's experience.

Thanks and best of luck! :)
 
h1babu said:
Hi Guys,

I just saw a posting on www.immigration-law.com where it states that if the PERM conversion case is denied, both the old and PERM case will be lost. Can someone please post if this is correct? I am in the 6th year and my PERM conversion case was applied before entering into 6th year thinking that I will at least have at least one year for the H-1 extension.

====
10/06/2006: Consequences of RIR Conversion Request

The decision of RIR eligibility by the BEC will result in the following consequences:
If approved, the case will move to the RIR queue per the priority date, and not the decision date. Therefore, the cases will be processed fairly quickly.
If RIR eligibility is denied, the case will remain in the TR queue. Besides, the alien beneficiary will not lose the priority date. Remember that this rule is limited to the situation where the application is denied on RIR eligibility issues and not other substantive issues.
All in all, risks of denial of RIR conversion request appear to be almost none or limited, unlike the PERM conversation case where the denial will result in loss of priority date and loss of both PERM and BEC cases.
====

Thanks,
H1Babu
Click to expand...

That is correct. That's the risk with conversion but the benefit of getting approved is obvioulsly you can keep the priority date. If are in the 6th Year and have less than 6 months for H1 to expire get the H1 extended based on the pending LC in BEC.
 
lost priority date

Hi,

My PERM conversion case is approved but lost priority date. My lawyer is filing motion to reconsider with DOL. When perm was filed we sent LC amendment to DBEC. It may be that DBEC may not have updated our amendment or something else happened.

Any suggestions.. Anybody in the same boat.. How to approach

Thanks in advance
 
BEC withdrew my case after 9 months - Horrible experience

Guys,
Had not filed PERM conversion, I would have gotten labor certification by this time. Filed my conversion on 02/07/2006 with original priority date of 01/07/2004. After 9 moths of inactivity last week BEC withdrew my case, GOD only knows how long PERM would take to process or even it may audit my case and put hold for another year. All I can do cross my fingers and share my terrible episode to this forum.

Thx,
21stIcon
 
can we re-file LC in PERM without losing the Priority Date?

Hi Guys,

I'm on my 8th year of H1B and my LC is pending at DBEC.

I'm wondering whether we can re-file a new LC in PERM without loosing our PD as the BEC is taking a lot of time to process backlog LC.

Has anyone done this? Is it too risky?

Appreciate your feedback.

N
 
javaguy said:
Hi Guys,

I'm on my 8th year of H1B and my LC is pending at DBEC.

I'm wondering whether we can re-file a new LC in PERM without loosing our PD as the BEC is taking a lot of time to process backlog LC.

Has anyone done this? Is it too risky?

Appreciate your feedback.

N
Click to expand...

I'm in 6th year H1 and just had it extended. Filed for conversion 10/5/06. It's a risk and reward situation and difficult to make a decision. After consulting with several lawyers and discussing in this and several forums I still could not make a decision for days. Finally I made up my mind and went with the conversion. It could give heartbreaks or joy who knows..

In your situation if you have not done any PERM recruitment efforts which could take few months it would be worth waiting and see if DOL keeps up it's promise of clearing the backlog by Sep'07. I was skeptical like others but recently they have taken some steps towards that goal like converting traditional LC to RIR.
 
PERM filing with new employer while LC pending with current employer

Hello Gurus,

I am working with company A now and on 8th year extension, my lc is pending with BEC.

can I file new PERM LC with company B as future employment?if yes, will my current LC with Company A affect in any way?

Appreciate your feedback.
 
i am taking the same risk

I filed conversion last month and my lawyer tried to keep everything on ETA 750 (original non-RIR application filed in 2001) and PERM 9089 the same. However, one item in ETA 750A of special requirement, will cause PERM denial because it may be considered overly restrictive, in my lawyer's oppinion. So we sent ETA 750A amendment form to delete this item 4 months before filing conversion. So far, the PERM application is "in process", and BEC backlog case status is also "in process".

I don't know how different your original ETA 750A is from PERM 9089 and what is the time gap beween filing ETA750 amendment and PERM conversion. Would like to know your status and share thoughts.

venkatram said:
Hi,

My PERM conversion case is approved but lost priority date. My lawyer is filing motion to reconsider with DOL. When perm was filed we sent LC amendment to DBEC. It may be that DBEC may not have updated our amendment or something else happened.

Any suggestions.. Anybody in the same boat.. How to approach

Thanks in advance
Click to expand...
 
clbd said:
I filed conversion last month and my lawyer tried to keep everything on ETA 750 (original non-RIR application filed in 2001) and PERM 9089 the same. However, one item in ETA 750A of special requirement, will cause PERM denial because it may be considered overly restrictive, in my lawyer's oppinion. So we sent ETA 750A amendment form to delete this item 4 months before filing conversion. So far, the PERM application is "in process", and BEC backlog case status is also "in process".

I don't know how different your original ETA 750A is from PERM 9089 and what is the time gap beween filing ETA750 amendment and PERM conversion. Would like to know your status and share thoughts.
Click to expand...


Thanks clbd. I will speak to my lawyer about special requirement. In my case perm is approved, hence I am thinking that may not be the issue.

Not sure whether special requirement effects identical issue
 
Conversion denials

21stIcon,

I think that denied case is specific to a case where the candidate has only alternate job requirements. How can you be so sure that 75% of the cases are getting denied? Is there any other source?

Thanks,
Babu
 
Denial

Babu,
I never mentioned that 75% of conversion cases are denied, every one under the impression that there were no conversion rejections so far. I just wanted point out this case so H1babus impression would change and everyone would be very cautions when he/she files a conversion.

Thx,
21sticon.
 
h1babu said:
http://www.immigrationportal.com/showthread.php?p=1542680&highlight=H1Babu#post1542680

Please look at the statement from "st4rguitar".

I am as tensed up with the news of 75% denial rate. My labor is pending since Dec 2002 CA non-RIR, applied for conversion to PERM on 07/11/2006.

Thanks,
H1Babu
Click to expand...


Hello H1Babu,
I also filed under PERM 2/3 days back. My HR lady replied to the questions

And according to my lawyer the rate of approval is promising. She even got

approvals in less than a week. Please do not get panic. Hopefully everything

will be fine.
 
arun_gc_waiting said:
Hi All,
I have been approached by one company to substitute the labor.

Do approved PERM labor can be substituted for other person? Please help me.

Thanks
Arun
Click to expand...

Arun,
A PERM case can be subsituted as long as all parties have signed the application (i.e., the alien for whom the LC was initially approved, the attorney, and the company representative). We have had several sucessful PERM approvals. Just make sure that when your attorney files that they use a 9089 for you instead of an ETA750B.
 
I have searched and searched for the article I read on AILA discussing conversion denials and am unable to find it. I will go through my physical printouts and see if I have better luck there. There are a LOT of attorneys on the AILA messages boards discussing denials, but I have seen some approval indications as well.
As I am unable to document my statement at this time, I have withdrawn it. Apologies for the panic! Our firm is refusing to file any conversion cases due to the number of other firms we have interacted with who have denial horror stories (i.e. a 2001 RIR case converted to PERM which was denied and the client lost his priority date... ouch.)
Best wishes to you all !!!

life_w/o_gc said:
Hello H1Babu,
I also filed under PERM 2/3 days back. My HR lady replied to the questions

And according to my lawyer the rate of approval is promising. She even got

approvals in less than a week. Please do not get panic. Hopefully everything

will be fine.
Click to expand...
 
Last edited by a moderator:
laborawait03 said:
Hello Gurus,

I am working with company A now and on 8th year extension, my lc is pending with BEC.
#1: can I file new PERM LC with company B as future employment?

#2: if yes, will my current LC with Company A affect in any way?

Appreciate your feedback.
Click to expand...


Answer to #1 --- Yes,you can.
Answer to #2 --- No, but be advised that the application belongs to your company. If you leave them, they have the option to use your LC for someone else once it is approved. See further discussion on my other post: http://www.immigrationportal.com/showthread.php?t=226854
 
21stIcon said:
Guys,
Had not filed PERM conversion, I would have gotten labor certification by this time. Filed my conversion on 02/07/2006 with original priority date of 01/07/2004. After 9 moths of inactivity last week BEC withdrew my case, GOD only knows how long PERM would take to process or even it may audit my case and put hold for another year. All I can do cross my fingers and share my terrible episode to this forum.

Thx,
21stIcon
Click to expand...

Eek. That sounds terrible. Good luck !! Please let us know how that one works out...
 
How long does it take after the BEC case is withdrawn?

Hi guys,

Any idea how long it takes for the PERM app to get approved after the BEC case has been withdrawn?

PD date: 02/28/04 (non-RIR, EB2)
PERM refile date: 05/15/06
BEC case withdraw date: 09/20/06

Thanks
Kiran
 
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