Converting from TR to PERM

D

dbar

Registered Users (C)
Hello,
My husband's company has offered to convert his TR (PD 2003 EB2) application to PERM. They have also given him a choice of filing a new applicaition (which obviously pushes his priority date by 3 years). TR and PERM applications have the same job description.
We are very confused as to what to do. In case his PERM application gets refused, he'll have to go out of the country for a year since his H1 expires next year.
Are there any risks in converting from TR (Traditional recruiting, not RIR) to PERM ? Please let me know your thoughts. I know that some people on this forum have done a lot of research.
Thanks.
 
dbar said:
Hello,
My husband's company has offered to convert his TR (PD 2003 EB2) application to PERM. They have also given him a choice of filing a new applicaition (which obviously pushes his priority date by 3 years). TR and PERM applications have the same job description.
We are very confused as to what to do. In case his PERM application gets refused, he'll have to go out of the country for a year since his H1 expires next year.
Are there any risks in converting from TR (Traditional recruiting, not RIR) to PERM ? Please let me know your thoughts. I know that some people on this forum have done a lot of research.
Thanks.
Click to expand...

Hi dbar,
I am also facing the same issue. If you want to convert TR into PERM without loosing priority date, the PERM application should be identical to the old one. I am sure that salary itself might have changed in 3 years and DOL's wage level for this job description might have changed and increased. If we file with old wage, chances are PERM will trigger that for audit and might get rejected as wage is less than current minimum wage. In my case even though I am in same team and job description has not changed, team's name and job name has changed as company is streamlines 1000s of job titles to 150.

I would like to know what your attorney and others in this forum think about it.
 
I have an old case pending in BPC. Then I filed a new PERM Dec. 2005 and got it approved this month. I wonder if I can file another PERM to use the priority date of the BPC case. What is the risk in this one?
 
Refiling in PERM

My company is refiling applications in PERM. So the big question is to hold on to the same job tiltle as beofre or not. My labor was filed in TR in mid of 2002. I heard for people who have applied with the same identical job as TR did not get approval in PERM. I would like your advice on whether to stick with the same job description as I had in 2002 or go with a new one.

I would greatly appreciate your help on this.

Thanks.
 
skynet2500, My PD is April 2003 and I am trying to avoid this option to make sure I don't lose my PD. Given that your case is in 2002, yours should be coming up for approval soon...Did you hear something different from your lawyer? can you share? Thanks.

skynet2500 said:
My company is refiling applications in PERM. So the big question is to hold on to the same job tiltle as beofre or not. My labor was filed in TR in mid of 2002. I heard for people who have applied with the same identical job as TR did not get approval in PERM. I would like your advice on whether to stick with the same job description as I had in 2002 or go with a new one.

I would greatly appreciate your help on this.

Thanks.
Click to expand...
 
fastergcwanted said:
skynet2500, My PD is April 2003 and I am trying to avoid this option to make sure I don't lose my PD. Given that your case is in 2002, yours should be coming up for approval soon...Did you hear something different from your lawyer? can you share? Thanks.
Click to expand...

Hi, My lawyer told me that they can file in PERM with the identical job description as before and I would keep the 2002 PD. But i was told the approvals in such situation are taking long long time. Infact I was told the applications are pending for more than 6 months. PERM application that do not go in this route are being approved in less than a month. Please let me know if you know anyone who has converted to PERM and be able to retain the original PD with TR application.

The lawyers are adivising to refile in PERM. But I am little hesitant to change the job description. Any idea when the TR applications start moving?
 
skynet2500 said:
Hi, My lawyer told me that they can file in PERM with the identical job description as before and I would keep the 2002 PD. But i was told the approvals in such situation are taking long long time. Infact I was told the applications are pending for more than 6 months. PERM application that do not go in this route are being approved in less than a month. Please let me know if you know anyone who has converted to PERM and be able to retain the original PD with TR application.

The lawyers are adivising to refile in PERM. But I am little hesitant to change the job description. Any idea when the TR applications start moving?
Click to expand...

Skynet2500, I would advice you listen to attorney and refile in PERM keeping same priority date. The main delay for these cases are to find the initial application which is there in Backlog Reduction Center so that they could match line by line and make sure that application is identical. There are workarounds to speed up this delay. One of my friend submitted a copy of initial application form notorized and pressurised PERM officials to confirm that both applications are identical.
 
tarikida said:
Skynet2500, I would advice you listen to attorney and refile in PERM keeping same priority date. The main delay for these cases are to find the initial application which is there in Backlog Reduction Center so that they could match line by line and make sure that application is identical. There are workarounds to speed up this delay. One of my friend submitted a copy of initial application form notorized and pressurised PERM officials to confirm that both applications are identical.
Click to expand...


Thanks. Did your friend get the PERM approval? How long did it take approximately? thanks for your help.
 
skynet2500 said:
Thanks. Did your friend get the PERM approval? How long did it take approximately? thanks for your help.
Click to expand...

He got approval 15 days back. It took approximately 4 months to clear the case and he got PERM approval with original priority date
 
Pressurizing PERM officials? :)

How did he do it? is there an email address at which we can contact them and they actually reply? Thanks.
 
skynet2500 said:
Hi, My lawyer told me that they can file in PERM with the identical job description as before and I would keep the 2002 PD. But i was told the approvals in such situation are taking long long time. Infact I was told the applications are pending for more than 6 months. PERM application that do not go in this route are being approved in less than a month. Please let me know if you know anyone who has converted to PERM and be able to retain the original PD with TR application.

The lawyers are adivising to refile in PERM. But I am little hesitant to change the job description. Any idea when the TR applications start moving?
Click to expand...


TR applications have already started to move. Check out NON RIR thread. Approvals seem to be coming for 2001 and 2002 cases currently. There are also recruitment ads being posted by PBEC directly. I am not a lawyer and of course use your own judgement, but it seems you may get TR approval before end of this year and refiling PERM is probably not any faster than that.

My 2 cents.
 
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