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EB3 to EB2 Conversion
- Thread starter mukvij
- Start date
mydearcard
Registered Users (C)
i think it would change your RD. You will loose your "SENIORITY" and start again from 0. Why not wait and contact senetor in your area to expedite namecheck? Please check with Ginnu. He is intelligent and experianced.
I'm very sorry to hear you are stuck in name check. When did they start your name check? Was it around the end of 2002?mukvij said:I filed my 485 in Aug. 2002. I have been stuck in name check. May be they will get to it sometime next year. Do you think it is worth changing from EB3 to EB2? Is that feasible?
I heard it's useless to appeal. Nobody wants to deal with fbi.
If you are still with your previous employer, you are not allowed to file a new labor due to the new same employer-same employee-one labor certificate policy---------not 100% sure about this, check your lawyer.
If you are with different employer, and your previous employer from which you got your 140 wouldn't revoke your 140, you can maintain your PD when you file a new labor.
Last edited by a moderator:
Yes heres a link about same employer same employee-one LC allowed.
http://www.murthy.com/news/n_bpcapp.html
Posted Aug 19, 2005
Murthy.com
DOL's Recent Position on No Second Case Allowed
The issuance of BPC (Backlog Processing Centers) approvals has become even more important, in light of a new FAQ procedural announcement from the U.S. Department of Labor, released in the second week of August 2005. [See More PERM FAQs from DOL : August 2005, also a MurthyBulletin article from Aug 08, 2005.] Essentially, the DOL announced that they will not certify more than one labor certification per foreign national, per sponsoring employer. Thus, while it is possible to have labor certifications pending with more than one employer, problems can arise from having more than one case filed through the same employer. The DOL clarified that it does not matter if the job offer is different; they look only at the fact that the employer and the employee are the same. This is a change from the long-standing past policy of allowing multiple filings as long as the job opportunities were different. There are also constitutional and due-process concerns over the legal validity of the DOL position, which contradicts the law and the fact that the more recently- filed case may contain the correct job duties of the person instead of a case filed three or four years ago.
What this means, in part, for one with a BPC case is that, if the employer re-files the case under PERM without withdrawing the BPC case, the approval of the PERM case will then likely cause a Notice of Findings (NOF) to be issued on the BPC case. Conversely, if a BPC case is approved, any case filed under PERM will be denied. The issue here goes back to priority dates. If there were not problems with availability of priority dates, any labor certification would clear the way for a green card filing. With priority dates being a big issue, however, the approval of a labor certification with a recent priority date can be quite different from having an approval with an earlier priority date.
Conclusion
We will continue to update MurthyDotCom and MurthyBulletin readers on the PERM and BPC approvals as we receive them here at The Law Office of Sheela Murthy. We know that many of our readers are anxious to see movement in the 340,000 cases sent to the BPCs for adjudication.
http://www.murthy.com/news/n_bpcapp.html
Posted Aug 19, 2005
Murthy.com
DOL's Recent Position on No Second Case Allowed
The issuance of BPC (Backlog Processing Centers) approvals has become even more important, in light of a new FAQ procedural announcement from the U.S. Department of Labor, released in the second week of August 2005. [See More PERM FAQs from DOL : August 2005, also a MurthyBulletin article from Aug 08, 2005.] Essentially, the DOL announced that they will not certify more than one labor certification per foreign national, per sponsoring employer. Thus, while it is possible to have labor certifications pending with more than one employer, problems can arise from having more than one case filed through the same employer. The DOL clarified that it does not matter if the job offer is different; they look only at the fact that the employer and the employee are the same. This is a change from the long-standing past policy of allowing multiple filings as long as the job opportunities were different. There are also constitutional and due-process concerns over the legal validity of the DOL position, which contradicts the law and the fact that the more recently- filed case may contain the correct job duties of the person instead of a case filed three or four years ago.
What this means, in part, for one with a BPC case is that, if the employer re-files the case under PERM without withdrawing the BPC case, the approval of the PERM case will then likely cause a Notice of Findings (NOF) to be issued on the BPC case. Conversely, if a BPC case is approved, any case filed under PERM will be denied. The issue here goes back to priority dates. If there were not problems with availability of priority dates, any labor certification would clear the way for a green card filing. With priority dates being a big issue, however, the approval of a labor certification with a recent priority date can be quite different from having an approval with an earlier priority date.
Conclusion
We will continue to update MurthyDotCom and MurthyBulletin readers on the PERM and BPC approvals as we receive them here at The Law Office of Sheela Murthy. We know that many of our readers are anxious to see movement in the 340,000 cases sent to the BPCs for adjudication.
Thanks
Thanks everyone.
I guess I will just wait. I have been working with the senators office. Actually, USCIS had confused me with somebody else with same name and DOB. They had to resubmit the name check request in June 2004. So, the senator's office just keeps checking the status for me and saying that it has only been one year since the name check started.
Thanks everyone.
I guess I will just wait. I have been working with the senators office. Actually, USCIS had confused me with somebody else with same name and DOB. They had to resubmit the name check request in June 2004. So, the senator's office just keeps checking the status for me and saying that it has only been one year since the name check started.