Filing second PERM. Same employer/same employee

M

-me-

Registered Users (C)
Hi everyone,

I want to open this thread for ppl, who are trying to get another PERM LC with the same employer. It looks like this way is very dangerous and risky, so let's exchange the information and keep each other updated. It'll help all of us, because we gonna struggle with the same issues. So getting aware of them in advance will help us to be prepared.

I have PERM EB-3 (BS+4, Programmer)certified in Dec05 and another PERM EB-2 (MS+3, Sr. Programmer) pending from April this year. The status of my case has been "In process" since the day of filing.
 
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-me- said:
Hi everyone,

I want to open this thread for ppl, who are trying to get another PERM LC with the same employer. It looks like this way is very dangerous and risky, so let's exchange the information and keep each other updated. It'll help all of us, because we gonna struggle with the same issues. So getting aware of them in advance will help us to be prepared.

I have PERM EB-3 (BS+4, Programmer)certified in Dec05 and another PERM EB-2 (MS+3, Sr. Programmer) pending from April this year. The status of my case has been "In process" since the day of filing.
Click to expand...

What is the PD of your second EB2 PERM? For how long has it been in process? Which center? Atlanta or Chicago? Thanks.
 
eb2 PD is 4/4/06. I'm in CA, so my case is in Chicago.
 
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My 1st PERM - EB3 applied on Nov 05, certified on End of Dec 05.
I want to apply for the 2nd PERM - EB2(since we have made a mistake in the 1st application and it end up in EB3 category), but my lawyer said that I will be denied if I submit the 2nd PERM without withdrawing the 1st one.

Did you withdraw your 1st PERM before applying for the second..? If so, how
do you withdraw...? My lawyer told me there is a way to withdraw a pending PERM but not certified PERM, therefore he cannot refile until he got a response
from the DOL that the process of withdrawing a certified PERM is in place. Is this true..?
 
The laywer told me the same things. She told me that my first case had to be withdrawn before they would file another (EB-2). However, they started working on EB-2 case only after EB-3 had been certified. :confused: :mad:

I don't know for sure what they did with the EB-3 case. They might have sold it at eBay. :D
However, I guess that it hasn't been cancelled/withdrawn. Also it hasn't been used for by any another guy, because of some specific requirements in it. I'm the only person in the company (so far) who meets those requirements.
Unfortunately, I can't get this information neither from HR nor from the lawyer. They both are mad at me. ;-) I was a way too pushy and pressy trying to change their minds towards EB-2 route.

I can give you my lawyer's contact info, so you can ask her directly. She might know some way how to help you.
 
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same company can have two separate PERM applications for the same individual, however the company should ensure that the second PERM application has a different job title than the previous one.

You cannot have a Programmer with BS + 2 years experience requirement for the first EB3 PERM and another EB2 application for the same job title Programmer with BS + 5 years experience. Naturally your EB2 should have a title which will indicate a promotion from your previous title. It can be in a different title such as 'Project Lead', to make it completely different than the 'Programmer' title that you used for EB3 application.

Use advice of two separate attorneys, while deciding on a plan of action. Even though you use your company's attorney for filing your application, it is worthwhile spending a 100$ as consultation fee for advise from another attorney such as Rajeev Khanna or Murthy.

-me- said:
The laywer told me the same things. She told me that my first case had to be withdrawn before they would file another (EB-2). However, they started working on EB-2 case only after EB-3 had been certified. :confused: :mad:

I don't know for sure what they did with the EB-3 case. They might have sold it at eBay. :D
However, I guess that it hasn't been cancelled/withdrawn. Also it hasn't been used for by any another guy, because of some specific requirements in it. I'm the only person in the company (so far) who meets those requirements.
Unfortunately, I can't get this information neither from HR nor from the lawyer. They both are mad at me. ;-) I was a way too pushy and pressy trying to change their minds towards EB-2 route.

I can give you my lawyer's contact info, so you can ask her directly. She might know some way how to help you.
Click to expand...
 
I've got EB-2 approved with the same company. It took 133 days. :(
No audit, no business necessity.
 
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Inquiry on job title and job description...

Hi Me:
Do you have the same job title in your EB2 as in EB3 application or it
is a different job title and job description...?

Thanks,
Loo
 
Inquiry...

Hi Me:
May I know your lawyer contact number...I would like to see if she can help in my case..

Your help is very much appreciated.

Thanks,
Loo
 
sloo said:
Hi Me:
Do you have the same job title in your EB2 as in EB3 application or it
is a different job title and job description...?

Thanks,
Loo
Click to expand...

EB-3 Systems Developer
EB-2 Senior Systems Developer. Well, I wanted to get a Manager title, but... :(
 
sloo said:
Hi Me:
May I know your lawyer contact number...I would like to see if she can help in my case..

Your help is very much appreciated.

Thanks,
Loo
Click to expand...


Sure, but I strongly DO NOT recommend working with her.
She didn't want to withdraw EB-3 and file EB-2. And she recommended my employer not to follow EB-2 route. It took me 5 months to change my employer's opinion and break her resistance.

So, if you're still interested, let me know. ;)
 
Second PERM from same company

Has any one applied in ATLANTA Center for 2nd PERM in EB-2 from the same employer and got approved like "-me-"? or waiting for approval?

Please let us know

Thanks






-me- said:
Sure, but I strongly DO NOT recommend working with her.
She didn't want to withdraw EB-3 and file EB-2. And she recommended my employer not to follow EB-2 route. It took me 5 months to change my employer's opinion and break her resistance.

So, if you're still interested, let me know. ;)
Click to expand...
 
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