PERM and BEC

sanjay_kapasi

Registered Users (C)
Hi everyone,

My case was filed under Non-RIR/EB3 with priority day of May 2003. My case is with Dallas BEC. I have not received 45 day letter or any other communication from BEC.

My company is ready to file PERM for my case. I'll start my sixth year of H1 next month. My company's policy is that they would file PERM under different job category. They have been preparing the forms over last 4-5 months. Earliest they would be able to apply is Feb 2006.

I was wondering if this is the right move for me or not ? Should I wait on my original application or go with PERM ? If my PERM gets approved then my priority date would be of 2006 and that can hurt me bad for I-485 as it is retrogressed and current visa number they are processing is from 2001.

I'm not sure what should do. Wait for the original one or go with PERM ?

Any comments and suggestions will be appreciated.

Thanks

Sanjay
 
It is actually better....

Your comp is doing the right thing. It is better not to touch the old one...since it gives you labor extensions. If you try to convert and for some reason you get denied then H1 extns will not happen in the future. File a new case through PERM and get I-140 approved...you can get 3 yr extensions in the future. Let the old case follow its own course if that comes around you can file I-140 using that one and have an older priority date. Maybe now in PERM you can try to apply in EB-2. Both the labors are for different job oppurtunities so they can remain separate. I hope it is clear...

Others correct me if I am wrong.

sanjay_kapasi said:
Hi everyone,

My case was filed under Non-RIR/EB3 with priority day of May 2003. My case is with Dallas BEC. I have not received 45 day letter or any other communication from BEC.

My company is ready to file PERM for my case. I'll start my sixth year of H1 next month. My company's policy is that they would file PERM under different job category. They have been preparing the forms over last 4-5 months. Earliest they would be able to apply is Feb 2006.

I was wondering if this is the right move for me or not ? Should I wait on my original application or go with PERM ? If my PERM gets approved then my priority date would be of 2006 and that can hurt me bad for I-485 as it is retrogressed and current visa number they are processing is from 2001.

I'm not sure what should do. Wait for the original one or go with PERM ?

Any comments and suggestions will be appreciated.

Thanks

Sanjay
 
Thanks

Thanks for prompy reply. It really helps me to clear up the dilema.

This time with PERM they are applying in EB-2.

Thanks again.

Sanjay
 
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