Filing a 2nd PERM in EB2 when 1st EB3 PERM is approved

shovonbd

Registered Users (C)
Dear Forum

I got my EB3 approved on july...I have a Masters Degree..Now Can I file a EB2 PERM keeping that EB3 approved.

Or I have to Cancel that EB3 and then can file a EB2 PERM..

Also how to cancel a Approved PERM.

Please advice............HELP
 
in same boat?

did u find answers to your queries? I am in the same boat and was wondering how to go about it.
 
shovonbd said:
Dear Forum

I got my EB3 approved on july...I have a Masters Degree..Now Can I file a EB2 PERM keeping that EB3 approved.

Or I have to Cancel that EB3 and then can file a EB2 PERM..

Also how to cancel a Approved PERM.

Please advice............HELP


Noone can cancel approved labor. If the second PERM is for other company, you are fine.
If it is for the same company, I doubt in both terms: you already have 1 approved LC with that company and you receive your MS while working for that company (that education could not be counted in I140 stage)
 
Second PERM

If I have MS degree before I joined my company. Can I file a second one from same company for different Job opportunity? If so what would be the requirement MS+0 years or ........? if I want keep my wage level same Level 2, as determined in first PERM application for EB3 for BS +2 years experiece

Thanks

newbies said:
Noone can cancel approved labor. If the second PERM is for other company, you are fine.
If it is for the same company, I doubt in both terms: you already have 1 approved LC with that company and you receive your MS while working for that company (that education could not be counted in I140 stage)
 
perm08 said:
If I have MS degree before I joined my company. Can I file a second one from same company for different Job opportunity? If so what would be the requirement MS+0 years or ........? if I want keep my wage level same Level 2, as determined in first PERM application for EB3 for BS +2 years experiece

Thanks

Make sure the new job desc is 90-100% different from the previous one in both desc and skill set. Or your new application will be denied (Read new memo on multiple PERM application).

Of course, you need to resubmit for PWD with the new desc and requirement, you can not use the previous PWD.
 
the new memo says nothing about this sort of situation. It primarily addresses an issue, that several LC are pending at the same time.

Logically, I don't see any problem filing EB-2 after getting EB-3 approved with the same employer.
Yes, a new position desc must be different, but not 90-100%. It must comply with DOL requirement for EB-2. And yes, it requires new PWD and recruiting.

newbies said:
Make sure the new job desc is 90-100% different from the previous one in both desc and skill set. Or your new application will be denied (Read new memo on multiple PERM application).

Of course, you need to resubmit for PWD with the new desc and requirement, you can not use the previous PWD.
 
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What is EB-2 requirement?

Please help me to understand EB-2 requirment. How you change your job description 90-100%, while your company do same business. Postion name would be different. Jobs decscription would be little different. Education requirement MS+0? or MS+6 Months or ....?

Please help

-me- said:
the new memo says nothing about this sort of situation. It primarily addresses an issue, that several LC are pending at the same time.

Logically, I don't see any problem filing EB-2 after getting EB-3 approved with the same employer.
Yes, a new position desc must be different, but not 90-100%. It must comply with DOL requirement for EB-2. And yes, it requires new PWD and recruiting.
 
I didn't say that your position desc must be 90-100% different. Newbies does, so ask him. My point is that the position desc and education required must satisfy DOL requirement on EB-2. If your company can offer you a position like that, then even if you already have eb-3 approved, you can file new eb-2 case.

perm08 said:
Please help me to understand EB-2 requirment. How you change your job description 90-100%, while your company do same business. Postion name would be different. Jobs decscription would be little different. Education requirement MS+0? or MS+6 Months or ....?

Please help
 
-me- said:
I didn't say that your position desc must be 90-100% different. Newbies does, so ask him. My point is that the position desc and education required must satisfy DOL requirement on EB-2. If your company can offer you a position like that, then even if you already have eb-3 approved, you can file new eb-2 case.

That is what my understanding on the memo. Of course, you can try to do the second one with the same job desc and play around with the skill set and experience to see what happens.
It is up to you to do the risk :)
 
Hey, nobody talks about the same requirements. However they shouldn't be absolutely different. Let's say in programmer's case it could be ok to substitute "application development" by "project management" etc. However, something like "analysis of requirements" can still be in place.
So, my point is to be creative.
BTW, I haven't found any sign of eb-3 to eb-2 issue in the latest DoL memo. Or you are talking about another one?

newbies said:
That is what my understanding on the memo. Of course, you can try to do the second one with the same job desc and play around with the skill set and experience to see what happens.
It is up to you to do the risk :)
 
-me- said:
Hey, nobody talks about the same requirements. However they shouldn't be absolutely different. Let's say in programmer's case it could be ok to substitute "application development" by "project management" etc. However, something like "analysis of requirements" can still be in place.
So, my point is to be creative.
BTW, I haven't found any sign of eb-3 to eb-2 issue in the latest DoL memo. Or you are talking about another one?

I am talking on the same one. I just play safe :) But it is up to each player to do their work. Don't make things so obvious to be seen as fraud.
If you put 2 different job titles with similar desc, what happen?
If you put 2 different job titles with different desc, what happen?
Just think about that. Let see. programmer job desc and "project management" should be a lot different right? One is strong on coding. Other is strong on management or scheduling. I don't suggest to lie but need to do wording better for the second one, so DOL looks in and see the different.
 
Yeah, I see your point. The descriptions must be real different but not 100%. That's my point. ;-)

newbies said:
I am talking on the same one. I just play safe :) But it is up to each player to do their work. Don't make things so obvious to be seen as fraud.
If you put 2 different job titles with similar desc, what happen?
If you put 2 different job titles with different desc, what happen?
Just think about that. Let see. programmer job desc and "project management" should be a lot different right? One is strong on coding. Other is strong on management or scheduling. I don't suggest to lie but need to do wording better for the second one, so DOL looks in and see the different.
 
Matthew Oh has suggested that DOL wouldn't like a situation, when several different LC are filed for the same person. It's quite disappointing.
It's not quite clear whether he's talking about the cases pending simultaneously or about the situation described above.
 
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Is my lawyer right??

I talked with my lawyer today. she said DOL didnot said that wheater same employer will be able to file a second PERM under different job opportunity. She is reffering to the following question which DOL did not put any response in their website.

The question is as follows:

13. In view of the past pratice of allowing the filling of multiple applications by the same employer for the same alien if job opening was dfferent, why, under PERM, the employer precluded from having more than one application for the same alien in process at any given time?


Please post you comment or experience


Thanks
:p :mad: :eek: :eek: :(
 
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