Conversion from BEC to PERM

[Faundez]

No recommendation

Faundez,
I misinform you. My PD is 8/2004, not 8/2002. So, do you think refile is a good alternative.
The reason I want to refile is to get EB2. My job allow me to do that currently. However, I have heard that conversion cases took longer to approve, even with PERM. I read from other posts here that a conversion case from RIR to PERM with intention of retaining old PD will take longer (6-8 months) to approve LC and maybe subject to audit.
Only new cases using PERM usually a lot faster.
Can you verify if this is true?
If this is true, then it just the same if I wait for EB3, right?
I appreciate your reply very much.

Joelly,

I'm sorry I can't recommend you what to do, I have no experience with converting from EB3 to EB2. My first thought is if you can wait until your PD becomes current, renewing H1-B, wouldn't it be safer just to wait? My PD is 10/29/2004 and I'll just wait until it's current.

 

[shading]

Finally will go with PERM

Guys/Gals, nice to meet you! I'm pretty new here. I'm glad to meet people in the same boat...

My original PD is April, 2004. It is a non RIR EB2. There has been no news whatsoever since BEC started. Last October, I urged the company HR/lawyer to convert my case to RIR. They didn't bother to let me know that they can't convert due to lack of recruitement in place (whatever that means). I didn't know this until today. Good news (at least something different) is that the HR finally agreed to go with refiling with PERM. So I will finally join you PERM people! I hope they can preserve my original PD otherwise I don't know how long I'll have to wait for the cutoff date.

I wonder if there is anything I should be aware of, or keep bugging my lawyers of... After all these years I realized that the lawyers/HRs don't care about people like us at all. We have to understand the process and let them know what to do.

 

[whyamihere]

how to check status online for perm

My PERM is similar- EB2 non-RIR orig pd 02/2003. Just filed for Perm in 12/29/2006

Is there a way to check the status online?

thanks

Hi all,

For some of you concerned about BEC to PERM conversion timelines, my PERM case just got approved today.

Mine was EB2 non RIR original PD 10/2003. Filed for PERM conversion on 07/06/2006. Dallas BEC showed old LC case as withdrawn on 12/01/2006. Chicago PERM Center approved PERM on 01/16/2007.

Hang in there guys. It took more than 6 months, but at least the first hurdle is now clear.

 

[prezcalvin]

Shading,

I feel your pain. Yes, the lawyers/HR don't care about us (in most companies anyway). Regarding PERm refiling, you have to go through the same procedure as if you are filing for a new PERM. You will find plenty of mails about that in the PERM forum so I won't go into it here.

Whyamihere,

The only status you can check is whether your old case changes from "In Process" to "Withdrawn". That will indicate that the PERM center's request to withdraw the old case went through. The PERM case itself, you can't check - the lawyers (and sometimes employers) have access to that. But in my experience, the first part is the longer part anyways, so when you see your old case is "withdrawn" you can assume that the PERM decision will come in a month or two after that (or even quicker).

You can check your old case status at http://pds.pbls.doleta.gov/ . You will need your old case number.

 

[joelly]

Time Completion for PERM

Shading,

I feel your pain. Yes, the lawyers/HR don't care about us (in most companies anyway). Regarding PERm refiling, you have to go through the same procedure as if you are filing for a new PERM. You will find plenty of mails about that in the PERM forum so I won't go into it here.

Whyamihere,

The only status you can check is whether your old case changes from "In Process" to "Withdrawn". That will indicate that the PERM center's request to withdraw the old case went through. The PERM case itself, you can't check - the lawyers (and sometimes employers) have access to that. But in my experience, the first part is the longer part anyways, so when you see your old case is "withdrawn" you can assume that the PERM decision will come in a month or two after that (or even quicker).

You can check your old case status at http://pds.pbls.doleta.gov/ . You will need your old case number.

Hi prezcalvin,
In another thread, you mention that you need 6-8 months to have your PERM approve. Is this 6-8 months include the advertisement time?

 

[life_w/o_gc]

Hi prezcalvin,
In another thread, you mention that you need 6-8 months to have your PERM approve. Is this 6-8 months include the advertisement time?

joelly,

I don't think so. I think 6-8 months from the date you apply. Andmy understanding is we do advertisement and all before. correct me if I am wrong.

 

[prezcalvin]

Hi Joelly,

Life w/o GC is correct. 6-8 months from the time it is filed. Does not include advertizement time etc. that's the company's headache.

 

[shading]

Prezcalvin, thank you for the information. Really appreciate it.

I just got a memo from the lawyer to start filling in some questionnaires to kick off the process. My biggest concern is whether I can remain my previous priority date, otherwise it might be another long wait for the visa number...

 

[kam555]

Question regarding PD

Hi,
I have a pending RIR case with a PD of April 31st. 2001. I rcvd the 45 day letter back in August of 2005. I replied and sent in the requested documents. As of today, I have not heard back. I checked my case status and it still shows "in process".

My question is if I file through PERM, can I use my PD date from the RIR filing?

Guru's please help!

Kam

 

[prezcalvin]

Hi Shading, Kam,

Yes, that's the biggest concern, whether the old PD can be retained or not. Unfortunately there is NO guarantee one way or the other. If your lawyers do a good job and if the applications are reasonably identical, then you have a good chance of retaining your PD.

 

[Faundez]

Hi Shading, Kam,

Yes, that's the biggest concern, whether the old PD can be retained or not. Unfortunately there is NO guarantee one way or the other. If your lawyers do a good job and if the applications are reasonably identical, then you have a good chance of retaining your PD.

Kam,Prezcalvin,
Keeping your PD is not just a chance that may or may not happen. If you refile for the exact same job (same requirements, same job description, etc.), and a job order has not been placed, then YOU WILL keep your PD for sure. That is what the law says. I did refile and got my LC approved in less than two months. You just have to be careful to maintain the same job conditions as for the original application. What we did with my employer was just literally copy all the information on the original application into the PERM app. Of course, you have to do all the recruiting requirements.

Check the PERM regulations at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf. Go to section 656.17 (d) Refiling Procedures.

 

[life_w/o_gc]

Hey guys,

Keep this track alive. Keep posting any updates of your case.

We need to support each other in this suffering.

 

[shading]

Kam,Prezcalvin,
Keeping your PD is not just a chance that may or may not happen. If you refile for the exact same job (same requirements, same job description, etc.), and a job order has not been placed, then YOU WILL keep your PD for sure. That is what the law says. I did refile and got my LC approved in less than two months. You just have to be careful to maintain the same job conditions as for the original application. What we did with my employer was just literally copy all the information on the original application into the PERM app. Of course, you have to do all the recruiting requirements.

Check the PERM regulations at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf. Go to section 656.17 (d) Refiling Procedures.

Faundez, I have a question about maintaining the priority date too. My company finally decided to refile my LC as PERM. My current one is non-RIR EB2 that's stuck in BEC. They are still working on the job description. My lawyer said they will try to keep my priority date. But I have one concern: during the years, I have had two promotions and significant salary increase. I don't know what they are going to do about this. The job category is still the same, but it was an entry level in the original job description, and now I'm two levels higher than that. I suppose they'll have to change the job descripton regarding the title and salary to match what I have right now? If so, how does this affect the priority date? The lawyer hasn't told me anything yet. I guess they probably have quite a few cases in the queue because she said she will contact my boss and me in a few weeks. I thought I'd come here to get educated first. Thanks a lot!

 

[Faundez]

Faundez, I have a question about maintaining the priority date too. My company finally decided to refile my LC as PERM. My current one is non-RIR EB2 that's stuck in BEC. They are still working on the job description. My lawyer said they will try to keep my priority date. But I have one concern: during the years, I have had two promotions and significant salary increase. I don't know what they are going to do about this. The job category is still the same, but it was an entry level in the original job description, and now I'm two levels higher than that. I suppose they'll have to change the job descripton regarding the title and salary to match what I have right now? If so, how does this affect the priority date? The lawyer hasn't told me anything yet. I guess they probably have quite a few cases in the queue because she said she will contact my boss and me in a few weeks. I thought I'd come here to get educated first. Thanks a lot!

Shading,

If the job conditions are different then you will not be able to keep your PD. In that case, in my opinion I think it's better to just wait for your LC from BEC, remember the backlog will be eliminated in September of this year, only 7 more months.

 

[shading]

Shading,

If the job conditions are different then you will not be able to keep your PD. In that case, in my opinion I think it's better to just wait for your LC from BEC, remember the backlog will be eliminated in September of this year, only 7 more months.

I think everything in the job description can be reused, except that the title and salary are different now. And the new title is of the same category but two levels higher. In this case, is it considered a different job description? Or can we use the old title and salary? Actually, this is the thing that I don't understand. Does this imply one can not get promotion and salary increase during the LC applicaton process???

Well I really doubt if they can eliminate all the cases by September this year. Probably RIR, but I'm in non-RIR...

 

[spdal]

Hey guys,

Keep this track alive. Keep posting any updates of your case.

We need to support each other in this suffering.

I remember H1Babu had a NonRIR-PERM conversion pending since July'2006.

H1babu,
Can you please post if there has been any progress?

Thanks,
spdal

 

[Ajat_tomar]

I would like to warn everyone who is thinking about converting to PERM application. I have first hand exp. We filed conversion last year in march and finally it was approved in Jan however, PD transfer was denied because of different Job location in spite of the fact both application are identical. Now, Attorney is suggesting to file MTR but I do not want anything to do with DOL as they are totally unpredicatable.
If anyone has exp with MTR, I will really apreciate inputs on your exp..

Ajat

 

[h1babu]

No Progress from me.....

I remember H1Babu had a NonRIR-PERM conversion pending since July'2006.

H1babu,
Can you please post if there has been any progress?

Thanks,
spdal

Guys,

There is no progress on my conversion case. My case is identical to the original case filed in 12/2002 - CA- TR except for the job location. I was successful in keeping the job with the company after few acquisitions, but the job location moved from San Diego to Orange County (80+ miles). This seems to be creating trouble for me even if it is certified.

I have asked my HR/Lawyer to find out the status and here is the reply from the Chicago Processing Center:
"Case: C-XXXXX-XXXXX is in process. The employer has indicated on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, by marking "yes" to question A-1.

Please be advised that at this time the National Processing Center is awaiting receipt of the original 750 application from the Backlog Elimination Center. No action is required of the employer at this time. Official notification will be forthcoming, once your case is finalized."

Then I asked the HR also to find out the status in the DBEC and here is what they got:
"Dear Requestor:
The case is not closed, it is in process.
Case #: D-05173-XXXXX"

I have no other avenues to pursue. My boss is very supportive and I am in several critical projects in the company, so have sufficient clout to pass through the red tape of the HR and the Law firm, still dont know what else I can do.

I have also applied for the 7th year extension, which I guess, will be requiring the certification from the DBEC that my labor application is pending, I thought this might help pull the net to pull my old application, but this not happen either. I have lost hopes now after seeing the posting from our friend that his conversion was denied under the grounds that the location has changed.

I welcome anyone giving some suggestions to get this moving as I can get my HR and my law firm to support any step at this point in time.

Thanks,
H1Babu

 

[h1babu]

I would like to warn everyone who is thinking about converting to PERM application. I have first hand exp. We filed conversion last year in march and finally it was approved in Jan however, PD transfer was denied because of different Job location in spite of the fact both application are identical. Now, Attorney is suggesting to file MTR but I do not want anything to do with DOL as they are totally unpredicatable.
If anyone has exp with MTR, I will really apreciate inputs on your exp..

Ajat

Hi Ajat, Sorry to hear that my friend!!

Was yours a TR Case or an RIR case? I was told by my lawyer that if the case is TR(Meaning that there were no recruitment efforts made by the company yet), and if the employer responded to the 45 day letter with changes like change in location etc, there are more chances of acceptance of conversion. If yours is a non-RIR case, then what the lawyer told seems to be in question. Also, did you respond to the 45-day letter before you applied with the change in job location?

The answers to these questions will help me decide the next course of action before the labor substition is eliminated.

Thanks,
H1Babu

 

[mamalabor]

Hi, hibabu:
When did your case refilled?

My status:

PD:Mar 2 or 3?,2003 Non-RIR EB2
Refill permec. 27, 2006
Reply 45 days notice June 15, 2006 in Dallas
Job location:
Southern CA
No info......

Hi Ajat, Sorry to hear that my friend!!

Was yours a TR Case or an RIR case? I was told by my lawyer that if the case is TR(Meaning that there were no recruitment efforts made by the company yet), and if the employer responded to the 45 day letter with changes like change in location etc, there are more chances of acceptance of conversion. If yours is a non-RIR case, then what the lawyer told seems to be in question. Also, did you respond to the 45-day letter before you applied with the change in job location?

The answers to these questions will help me decide the next course of action before the labor substition is eliminated.

Thanks,
H1Babu