Conversion to PERM (after promotion at same employer)

reedandbamboo

Registered Users (C)
Hello all,

In March 2005, I filed for LC under RIR. Since then, I was promoted (with accompanying pay raise) at the same employer's. Now I wish to convert my case to PERM and my attorney (who earlier insisted the promotion wouldn't affect me adversely) informs me that I cannot file for PERM for my new position (since the experience required for the new position was gained at the current employer) and NEITHER can I apply for PERM for my previous position as I am currently no longer in that position.

She advised me to either quit my current job or to seek to revert to my previous position (which I'm not sure the human resources dept will approve).

My specific questions are:

1) Since I am CONVERTING my RIR case to PERM, can I not continue to file for LC for my old position irrespective of my current position? I must clarify that I have to redo recruitment for PERM since the RIR recruitment is well past the 180-day limit.

2) Does anyone have ANY thoughts/advice/suggestions pertaining to my dilemma?

I'll be extremely grateful for any advice ..

Best wishes
 
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