Easy question but answer required urgently !!

[sushanta]

Hi immigration gurus,

My company have applied for my labor last Dec in RIR - EB3, before the retrogression date stuff was announced. I had a masters + 7 years of experience even before joining this company.

I am following up with our lawyers if they can file another fresh labor application in PERM, this time in EB2. I understand that I will lose the priority date if I do so. But since I am in my 6th year of H1 at this moment, can the old labor application's PD be used for my 7th year extension ? Will they have to revoke the old EB3 application if they are filing for a fresh EB2 application for the same position ?

In other words, can the old EB3 application still run while I am filing another one afresh in EB2 ?

Tx,
Sushanta

 

[gc_2006]

I know people in your situation and was there myself earlier this year.
1) Wait with filing PERM until you have filed for the extension (probably wait until you are granted the extension) based on pending LC.
2) Once you have the extension go ahead and file PERM - doing that will most probably cause the old LC to be terminated (although DOL is reconsidering the rules) - but play it safe.

Basically, when does your 6th year on H-1B end? Six months prior to that is when you can file for 7th year extension at the earliest (you should do that).
Find out and follow steps above.

Hi immigration gurus,

My company have applied for my labor last Dec in RIR - EB3, before the retrogression date stuff was announced. I had a masters + 7 years of experience even before joining this company.

I am following up with our lawyers if they can file another fresh labor application in PERM, this time in EB2. I understand that I will lose the priority date if I do so. But since I am in my 6th year of H1 at this moment, can the old labor application's PD be used for my 7th year extension ? Will they have to revoke the old EB3 application if they are filing for a fresh EB2 application for the same position ?

In other words, can the old EB3 application still run while I am filing another one afresh in EB2 ?

Tx,
Sushanta

 

[Jaiatl]

Read http://www.ows.doleta.gov/foreign/pdf/perm_faqs_4-6-05.pdf ( PERM faq set Round 3 at http://www.ows.doleta.gov/foreign/times.asp). It is possible to have same PD in PERM if have the same job. You may apply extension using your old pending application

Hi immigration gurus,

My company have applied for my labor last Dec in RIR - EB3, before the retrogression date stuff was announced. I had a masters + 7 years of experience even before joining this company.

I am following up with our lawyers if they can file another fresh labor application in PERM, this time in EB2. I understand that I will lose the priority date if I do so. But since I am in my 6th year of H1 at this moment, can the old labor application's PD be used for my 7th year extension ? Will they have to revoke the old EB3 application if they are filing for a fresh EB2 application for the same position ?

In other words, can the old EB3 application still run while I am filing another one afresh in EB2 ?

Tx,
Sushanta

 

[sushanta]

My 6th year on H1 finishes on March 06, 2006. Therefore, my lawyer can file extension somewhere in October, 05. I recollect once my lawyer said that they prefer to file extension after completion of 365 days of labor filing .. maybe that was the rule before. That doesn't seem to be a rule at this moment, but is that something that is "desirable" ?

My compnay will listen what the lawyers say .. and I have no ways to press the lawyers. They are too conservative !!

Tx,
Sushanta

I know people in your situation and was there myself earlier this year.
1) Wait with filing PERM until you have filed for the extension (probably wait until you are granted the extension) based on pending LC.
2) Once you have the extension go ahead and file PERM - doing that will most probably cause the old LC to be terminated (although DOL is reconsidering the rules) - but play it safe.

Basically, when does your 6th year on H-1B end? Six months prior to that is when you can file for 7th year extension at the earliest (you should do that).
Find out and follow steps above.

 

[gc_2006]

My 6th year on H1 finishes on March 06, 2006. Therefore, my lawyer can file extension somewhere in October, 05. I recollect once my lawyer said that they prefer to file extension after completion of 365 days of labor filing .. maybe that was the rule before. That doesn't seem to be a rule at this moment, but is that something that is "desirable" ?

The rule is now that the LC would have to be pending at least 365 days on the day you want your extension to be applied. You can file before - just I am wondering what happens if the old LC gets denied (-> will not be pending on the 365th day). Basically they should file the extension in October and at least wait until either 1) it has been granted or 2) December to file PERM.

My compnay will listen what the lawyers say .. and I have no ways to press the lawyers. They are too conservative !!

Sounds all too familiar!