One million question!!! Can RIR be converted to PERM???

[allaboutgc]

One million dollar question!!! Can RIR be converted to PERM???

Please advice. I saw different answers in different websites.

 

[GC_Lover]

Please advice. I saw different answers in different websites.

Yes it can be converted.

 

[GC_DJ]

Please advice. I saw different answers in different websites.

Only if the RIR application and PERM application is IDENTICAL (like same job title, requirements, location etc). You have to do the PERM style recruitment again.

 

[GC_Lover]

Only if the RIR application and PERM application is IDENTICAL (like same job title, requirements, location etc). You have to do the PERM style recruitment again.

Only risk is you have to withdraw the case from current RIR queue and then apply for refiling with same PD. If they do not accept your case for PERM you are out of RIR queue and PERM queue.

 

[mncbabu]

Please advice. I saw different answers in different websites.

It is very much possible to refile a RIR LC in PERM. The million $ question is whether one can retain old Priority Date or not.

It is not very clear in this stage. If you read closly the sec 656.17(d) it confuses. It says, to keep old PD, the refiling is possible for identical job if job order is not placed. DOL is not saying whether it is a traditional or RIR. Conventionally "job order" means placeing job notice in SW in supervised recruitment. This means, employer has started looking for US worker. But, in RIR case employer has already searched for US worker before filing the LC petition. This implies, job order has already placed in RIR cases. Hence, as per the rule 656.17.(d), RIR will not qualify for keeping the old PD when you refile in PERM. It will be considered as a new LC & new PD will be assigned.

My feeling is DOL will come up with clear explanation (most favorable to keep the old PD in convering RIR to PERM) during the meeting with immigration attorneys.