Keep RIR RB2 or re-apply with PERM?

[freebird901]

Hi,

My EB2 RIR was applied in July 2004 in Boston.

We have been working on PERM for the last month or two and my company lawyer gave me the option of applying for PERM by September 30th. But now, with the new rule that the old application needs to be withdrawn, I am stuck with the decision on what to do?

Should I apply for PERM and lose my old Priority date? Or should I apply for PERM and risk EB2 retrogression.

Any advice appreciated. My lawyer is recommending that I stay with the old application but I'm skeptical because this is a company lawyer and want some outside advice.

Thanks.

 

[labordrags]

Hi,

My EB2 RIR was applied in July 2004 in Boston.

We have been working on PERM for the last month or two and my company lawyer gave me the option of applying for PERM by September 30th. But now, with the new rule that the old application needs to be withdrawn, I am stuck with the decision on what to do?

Should I apply for PERM and lose my old Priority date? Or should I apply for PERM and risk EB2 retrogression.

Any advice appreciated. My lawyer is recommending that I stay with the old application but I'm skeptical because this is a company lawyer and want some outside advice.

Thanks.

You didn't specify how many years you have left in your H1B visa. Thinking that you have plenty of time, and not looking for its extension beyond 6 years at this time, I would ask the lawyer if he/she can seek an option to do the conversion. That way you can keep your old PD and the labor gets cleared on time.

 

[freebird901]

I have 3 more years on my H1-B. I'm from India.

I don't understand how you can keep the old PD? As the new law states, my old PD will have to be withdrawn before we can file PERM.

 

[labordrags]

I have 3 more years on my H1-B. I'm from India.

I don't understand how you can keep the old PD? As the new law states, my old PD will have to be withdrawn before we can file PERM.

when filing PERM, you will have an option to convert the old pending LC to the new one - that will keep the old PD. (meaning you can withdraw the old one when filing PERM - if its conversion to PERM, you retain your old PD)

Rules been out, but it doesn't say about the conversion process.

 

[nato]

with 3 years left you can easily try using the old date for PERM

if your RIR is old and you are not afraid of your job loss then you can just wait for the RIR to clear.

when filing PERM, you will have an option to convert the old pending LC to the new one - that will keep the old PD. (meaning you can withdraw the old one when filing PERM - if its conversion to PERM, you retain your old PD)

Rules been out, but it doesn't say about the conversion process.

 

[rocky_cool]

No need to withdraw RIR

Hi,

My EB2 RIR was applied in July 2004 in Boston.

We have been working on PERM for the last month or two and my company lawyer gave me the option of applying for PERM by September 30th. But now, with the new rule that the old application needs to be withdrawn, I am stuck with the decision on what to do?

Should I apply for PERM and lose my old Priority date? Or should I apply for PERM and risk EB2 retrogression.

Any advice appreciated. My lawyer is recommending that I stay with the old application but I'm skeptical because this is a company lawyer and want some outside advice.

Thanks.

I spoke to my lawyer and she said that we can apply for PERM and still keep RIR. RIR will get rejected only when the PERM labor gets approved. So really u don't have to withdraw "WHILE" applying PERM.

Any comments?

 

[nato]

what if PERM gets approved after retrogression sets in say 2 yrs

thus your RIR gets revoked too and for 2 years you have to wait before you can apply, whereas in case of RIR, you have to wait 1 year less. if you have a possibility of job loss, then you should definitely go for PERM and get 140 approved as then you will be able to use the priority date take along..3) if the lwayer is well experienced in PERM and can assure you for PERM approval before retro, then go for it. Keep in mind EB2 is alredy almost retrogressed as no visa numbers available currently and by latest by Dec they should definitely get it retro officially. if you got the 45 day letter you are even better off keeping the OLD RIR...

I spoke to my lawyer and she said that we can apply for PERM and still keep RIR. RIR will get rejected only when the PERM labor gets approved. So really u don't have to withdraw "WHILE" applying PERM.

Any comments?

 

[trendsetter]

Nato Guru...Pls Advise....

thus your RIR gets revoked too and for 2 years you have to wait before you can apply, whereas in case of RIR, you have to wait 1 year less. if you have a possibility of job loss, then you should definitely go for PERM and get 140 approved as then you will be able to use the priority date take along..3) if the lwayer is well experienced in PERM and can assure you for PERM approval before retro, then go for it. Keep in mind EB2 is alredy almost retrogressed as no visa numbers available currently and by latest by Dec they should definitely get it retro officially. if you got the 45 day letter you are even better off keeping the OLD RIR...

Dude:

This what my lawyer told me when I asked him about PERM-EB2 retrogression..

EB2 should be ok in the near future because even for Sept, which many persons believe will regress, it is still open. If Sept is fine, Oct should be ok too, because we will have new year quota.

I have My eb2-rir labor filed in nov 2004 from kansas state...moved to dallas-bec...got 45 letter and replied also...now i'm planning 2 start perm-eb2...is it advisable at this point?....I have 2 and half years on my h1...do you want me to wait or shall I go ahead and do perm-eb2 so that i can wrap up the labor stuff and move on to two I's.....please type down your advise for me.....

 

[rocky_cool]

thus your RIR gets revoked too and for 2 years you have to wait before you can apply, whereas in case of RIR, you have to wait 1 year less. if you have a possibility of job loss, then you should definitely go for PERM and get 140 approved as then you will be able to use the priority date take along..3) if the lwayer is well experienced in PERM and can assure you for PERM approval before retro, then go for it. Keep in mind EB2 is alredy almost retrogressed as no visa numbers available currently and by latest by Dec they should definitely get it retro officially. if you got the 45 day letter you are even better off keeping the OLD RIR...

Thanks for your advise. If I apply for PERM by next week, do u think I can make it before the retro?

THanks

 

[trendsetter]

Nato Guru...Pls Advise....

thus your RIR gets revoked too and for 2 years you have to wait before you can apply, whereas in case of RIR, you have to wait 1 year less. if you have a possibility of job loss, then you should definitely go for PERM and get 140 approved as then you will be able to use the priority date take along..3) if the lwayer is well experienced in PERM and can assure you for PERM approval before retro, then go for it. Keep in mind EB2 is alredy almost retrogressed as no visa numbers available currently and by latest by Dec they should definitely get it retro officially. if you got the 45 day letter you are even better off keeping the OLD RIR...

Dude:

This what my lawyer told me when I asked him about PERM-EB2 retrogression..

EB2 should be ok in the near future because even for Sept, which many persons believe will regress, it is still open. If Sept is fine, Oct should be ok too, because we will have new year quota.

I have My eb2-rir labor filed in nov 2004...moved to dallas-bec...got 45 letter and replied also...now i'm planning 2 start perm-eb2...is it advisable at this point?....I have 2 and half years on my h1...do you want em to wait or shallI go ahead and do perm-eb2 so that i can wrap up the labor stuff and move on to two I's.....please type down your advise for me.....