Need Sugggestion in changing my GC(PRE-PERM,EB3) to PERM(EB2)

R

raju755

Registered Users (C)
Hi,

I am staying in U.S.A since 6 years. I am in 6th year
now.

My Company has applied GC in EB3 Category before 6th
year started .This gave me eligibility to apply for
H1B Extensions. I am in 1st Stage(LC Pending Approval)

I am planning to ask my company to apply for PERM(EB2
Category).

I read that the priority date of PRE-PERM LC will be
used if i convert my GC to PERM.

Is my assumption correct?..

If it is and suppose I didn't get my LC(in PERM)before
6th year ends, will DOL consider the date the original
LC is filed(ie.,LC filed before 6th) and give me H1B
extension.

I hope my question is clear.

Raju
 
raju755 said:
Hi,

I am staying in U.S.A since 6 years. I am in 6th year
now.

My Company has applied GC in EB3 Category before 6th
year started .This gave me eligibility to apply for
H1B Extensions. I am in 1st Stage(LC Pending Approval)

I am planning to ask my company to apply for PERM(EB2
Category).


if you want to keep PD and refile PERM, you have to file similar LC only(i.e) EB3 only
I read that the priority date of PRE-PERM LC will be
used if i convert my GC to PERM.

Is my assumption correct?..

If it is and suppose I didn't get my LC(in PERM)before
6th year ends, will DOL consider the date the original
LC is filed(ie.,LC filed before 6th) and give me H1B
extension.

I hope my question is clear.

Raju
Click to expand...
 
Thanks Greate Guru for your quick response.

If INS changes my PD say to 20th Aug 2005 which is my 6th year..
Can i Still apply my H1B eXTENSIONS???

Thanks in Advance.
 
raju755 said:
Thanks Greate Guru for your quick response.

If INS changes my PD say to 20th Aug 2005 which is my 6th year..
Can i Still apply my H1B eXTENSIONS???

Thanks in Advance.
Click to expand...
PD is from the LC, INS can not change the PD?
Your question is not clear?
 
Great Guru..

I will rephrase my question...

My Company filed my GC in EB3(Non-RIR) before my 6th Year.

I am right now in 6th year.
I want my company to file PERM processing in EB2 by referencing the old LC.

As you said..the PD on the Old LC will not be used as the old one is EB3 and the PERM is of EB2 type.

So, i guess..they will use the PD(the date which i filed the PERM)...

The question is Will INS extend my H1B though I filed GC in 6th year.

I hope the question is now clear.

Thanks in advance
 
raju755 said:
Great Guru..

I will rephrase my question...

My Company filed my GC in EB3(Non-RIR) before my 6th Year.

I am right now in 6th year.
I want my company to file PERM processing in EB2 by referencing the old LC.

As you said..the PD on the Old LC will not be used as the old one is EB3 and the PERM is of EB2 type.

So, i guess..they will use the PD(the date which i filed the PERM)...

The question is Will INS extend my H1B though I filed GC in 6th year.

I hope the question is now clear.

Thanks in advance
Click to expand...

You apply now new PERM on EB2 category. This is nothing to do with your Non-RIR Eb3.

You can only extend your h1 7th yr based on Non RIR Eb3 LC.

This PERM will go independently with no connection to non-RIR becase the job descritption and wages are different for EB2.
 
Great Guru..

My H1B is expiring in Mar 31st , 2005.
I apply PERM processing in 6th year..

Can I still get MY h1b extended(7th year) by showing the screen shot of PRE-PERM(EB3 category)??

one more question...

If i change the company now(i am in 6th year) and the new company process my H1B and PERM(EB2).. Can they use the sceen shot of the Old LC(EB3) filed by old company??

Thanks in advance.
 
Read This before you file multiple LC with same employer.

08/11/2005: One Employer One Employee Labor Certification Principle Adopted by DOL

According to the Frequently Asked Questions Round 5 which was released yesterday, the DOL will recognize and certified only one labor certification for one employee by the same employer regardless of identical job or different job (Principle of One Labor Certification for One Employee Only with One Employer). Accordingly, effective August 31, 2005, the DOL will take following actions:
PERM Cases:
(1) Once one PERM case is certified, all other PERM applications filed by the same employer for the same employee will be denied regardless of same job or different job.
(2) Once one PERM case is certified and any backlog case is pending at the Backlog Processing Centers for the same employee, regardless of same job or different job, the Backlog Center will issure Notice of Findings to deny the pending backlog cases.
Backlog Cases:
Once one backlog case is certified, any other cases pending at the PERM National Processing Centers or the Backlog Processing Centers will be denied.
Revocation of Multiple Certified Cases:
Should they learn that multiple applications have been inadvertently certified for the same employer and the employee, regardless of same job or different job, all the cases which have been certified after the first case certification will be revoked by the DOL. Only first certified case will thus survice.
If the DOL inadvertently certified both PERM application and the backlog application, regardless of the sequence of the certifications, the DOL will revoke the PERM application.
Multiple Pending Cases:
When an application is pending, employer must first withdraw a pending application before a new application is filed for the same employee.
If Employer filed multiple cases and all these cases are pending, only the application which was filed "last" will be certified and all other cases which were filed prior to the last case filing will be denied.
 
Thanks GC for your reply.

I still have one question...

If i change the company now(i am in 6th year) and the new company process my H1B and PERM(EB2).. Can they use the sceen shot of the Old LC(EB3) filed by old company??

Can anyone answer my question
 
I think you can, but better confirm with an attorney before you jump.

raju755 said:
Thanks GC for your reply.

I still have one question...

If i change the company now(i am in 6th year) and the new company process my H1B and PERM(EB2).. Can they use the sceen shot of the Old LC(EB3) filed by old company??

Can anyone answer my question
Click to expand...
 
Thanks GC..

I got confirmation that it is OK to change the company and apply for PERM(EB2) while i am in 6th year.

One more thing..

Can i apply for Future Employment LC while I am in 6th year with the new company(I already applied LC EB3 with old company)..


Thanks in advance
 
Hi,

Can anyone suggest me If future employment GC can be done if i am in 6th year?

Thanks in Advance
 
raju755 said:
Great Guru..

My H1B is expiring in Mar 31st , 2005.
I apply PERM processing in 6th year..

Can I still get MY h1b extended(7th year) by showing the screen shot of PRE-PERM(EB3 category)??

one more question...

If i change the company now(i am in 6th year) and the new company process my H1B and PERM(EB2).. Can they use the sceen shot of the Old LC(EB3) filed by old company??

Thanks in advance.
Click to expand...

You can use your old company LC pending (not PERM) to extend your H1 beyond 6th year in any company
 
are you sure about this?

What this means is if I have a LC (say EB2 RIR under future employment) pending with any company A and I working currently for B for mroe than 365 days , I can keep on extending my H1B with company B based on the LC filed with A ?

Unbelievable...but it true...opens a lot of avenues !!

Rahul
 
rahul98 said:
are you sure about this?

What this means is if I have a LC (say EB2 RIR under future employment) pending with any company A and I working currently for B for mroe than 365 days , I can keep on extending my H1B with company B based on the LC filed with A ?

Unbelievable...but it true...opens a lot of avenues !!

Rahul
Click to expand...

Comp A LC need to be 365 days old thats all. You no need to work more than 365 days in B to extend. You can extend 7th yr through Comp C or D or E or F directly from A provided A has to keep the LC intact.
This provision is there already, nobody read it . Thats all.
I am the one using all along up to my 10th yr extn
 
If old company tries to cancel my LC...how long will it take for it to get cancelled??

Also...I am planning to join new company and will ask them to do Future Employment GC(will join them at a certain point)..

Is it possible to do it when i am in 6th year.

Please let me know..

Thanks in advance
 
raju755 said:
If old company tries to cancel my LC...how long will it take for it to get cancelled??

Immediately, as soon as DOL receive the request from the employer.

Also...I am planning to join new company and will ask them to do Future Employment GC(will join them at a certain point).. You can do that, even if you are out side US

Is it possible to do it when i am in 6th year.
Yes, but It will not hlep in extending beyond 6 th yr incase of old comp LC's withdrawal
Please let me know..

Thanks in advance
Click to expand...
 
Great Guru..Thanks for your response.

I will not tell my old company that I am shifting unless I get my LC with the new company.

I will shift once my LC from the New Company gets approved and I have valid H1B with the new company...

If they came to know(like in 2nd stage of GC) and cancel my Old LC, I guess..I am not eligible for H1B extension with the new company as I am in 6th/7th year.

Am I right??

If it is,can anyone suggest How I should approach?
 
raju755 said:
Great Guru..Thanks for your response.

I will not tell my old company that I am shifting unless I get my LC with the new company.

I will shift once my LC from the New Company gets approved and I have valid H1B with the new company...

If they came to know(like in 2nd stage of GC) and cancel my Old LC, I guess..I am not eligible for H1B extension with the new company as I am in 6th/7th year.

Am I right??

If it is,can anyone suggest How I should approach?
Click to expand...
Anothr approach is, once PERm LC is approved GOr for I140/485 EAD, once you have EAD, you can safely work for the new company.
 
Great Guru..Thanks once again..

At what stage should I legally Join New Company so that I get GC...

Can I wait till I get my EAD and tell then to my old company?
 
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