PERM and RIR in parallel?

[estoykova]

This is confusing. I don't care about the PD. I do care about parallel RIR and PERM. If parallel cases are not allowed at all then it should read: "No Parallel Applications Permitted".

That is exactly what I think. With PD of 11/16/2004 and being from a country with small number of immigrants I do not have much to loose if I wont keep the PD. But I'd like to do both RIR and PERM in parallel just in case PERM application gets denied or delayed for some reason.

Eli

 

[Gc_puli]

Withdraw PEnding RIR in both cases - Scary

It is now sure that we cannot bite two times in one apple. DOL strongly not prefering two LCs for the same person thro same employer (RIR & PERM), to avoid too much work load for them.

In both cases (refile pending LC thro PERM to keep PD or applying fresh LC thro PERM) one has to withdraw pending RIR LC first. One has to decide which way they want to go. It is a gamble now. All the guys whose LCs are pending at BEC are victims now. The fresh guys are lucky.

 

[ashishagl]

How are the fresh guys lucky? Even today u can file only one application thru RIR. If after March 28, someone wants to file thru PERM, he would also have to withdraw his previous RIR application (the one that he filed today). Everyone seems to be the same. Only the guys who already got their labor approved seem to be lucky.

It is now sure that we cannot bite two times in one apple. DOL strongly not prefering two LCs for the same person thro same employer (RIR & PERM), to avoid too much work load for them.

In both cases (refile pending LC thro PERM to keep PD or applying fresh LC thro PERM) one has to withdraw pending RIR LC first. One has to decide which way they want to go. It is a gamble now. All the guys whose LCs are pending at BEC are victims now. The fresh guys are lucky.

 

[knowDOL]

Conversion means converting the LC under current regulations to LC to PERM regulations. This is to keep your priority date. If you are not much worried about your priority date it may be better to refile new as PERM and withdraw the old one. when the 45 days letter comes respond as not interested then you can file new one in PERM. But if you say yes to your 45 day letter and file another one for similar position and same company your application will be duplicate and this is not allowed. If you withdraw and file again it is a fresh application.

* 01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases

Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times, meaning it can be within two years or so. Uh?!

* 01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date

When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
from innigration-law.com.

i just wana know what do they mean by conversion? let's analyse the following scenario.

i have an RIR pending now, and it seems with BEC it will take another 1.5 yrs to get it cleared. therefore i'm thinking of applying to perm. but the above 2 points metioned in immigration-law confused me.

can i withdraw the RIR and forget about its PD. then apply fresh to PERM and i will be considered a new applicant or a applicant who did conversion? i'm asking that because they said that for conversion u have to wait for more than 45 or 60 days. can u clarify what conversion exactly means?

 

[lcok2005]

talked with my attorney, I was told it is ok if RIR and PERM are from different location(state). But some other attorney says no. I want to have both but I am also confused.

I have applied for my LC in Nov 2004 under EB3/RIR category. I also qualify for EB2 category as I have 4 years degree and 7 years of experience, without accounting my current employer's experience. So, I was wondering can I apply for a fresh LC according to PERM regulations under EB2 without withdrawing my earlier application.

Can one process PERM and RIR application in parallel??

Thanks!

 

[GC_DJ]

Right now the BEC is building a National database for all the pending applications. If they wish they can check againest this database. The unanswered questions are:

Do they really check every application?
Do they get access to the BEC database?
Do they have resources to do this?

I don't think one company can offer two jobs at the same time.

talked with my attorney, I was told it is ok if RIR and PERM are from different location(state). But some other attorney says no. I want to have both but I am also confused.

 

[mypal_s]

RIR EB3/RIR EB2 /PERM EB2
My company has more than 200 employee’s head-office in NJ and branch in Chicago.
This is the only second LC they are doing.

My 5th year exp on 6/12/2005.

Since LC processing is faster in Chicago we opted Chicago and gave an ad.

Text from Ad.
/***Req.: Min of BS Degree in Computer Science or Computer Applications & 4 yrs. exp. In job offered or as a Software Engineer. ***/

Here I am Hanging now.

Option I

Now I am about apply my LC in RIR/EB3 .Based on above ad which is already published I can’t apply in EB2 even I have Master degree and 6 years of experience.
Since dates are backed up I am in Dilemma Weather to proceed or not.

Option II

I could start fresh PERM/EB2 process in NJ with different Job description and EB2 process in mind. Because I have Master Degree and 6 years of experience and my employer is willing to give PW.

Is it possible to go for this option Without effecting Option I.?

Option III

Is it good idea to re do the same ad in Chicago by putting EB2 qualification and Apply in RIR/EB2.

And the Last but most confusing Point is.

Is it Possible to have both RIR and PERM applications active since these two LC are in different states and for slightly different positions (one is EB3 and other is EB2).

Please Advice. Thanks in advance.

 

[mitqb]

Parallel RIR & PERM - 2 different job positions- same employer/employee

talked with my attorney, I was told it is ok if RIR and PERM are from different location(state). But some other attorney says no. I want to have both but I am also confused.

My attorney said that DOL "prefers" not to have multiple applications filed on behalf of the same candidate.. nothing official though. My case is - pending RIR, Chicago DOL Sep 2004 for position A - want to retain that to make use of 7th H1 extension. Also want to file PERM for position B (different job description, salary, title). Does anybody have a similar situation? Any thoughts/ expert opinions will be appreciated.

 

[asnmurty]

same boat

Hi
I am in same boat. My Regular labor for PRODUCT ENGINEER was filled in APR 2002 and waiting since then and my 6 years term is completing this Nov.
My attorney advised me to keep this application for 7th year extension and file new PERM for new position "Senior SW Eng".

 

[mitqb]

Just got another attorney opinion - basically, as long as the positions are different - job title, description, function, apparently it is ok to keep your pending RIR application while submitting a new PERM. Better get more confirmation though

 

[can_card]

Just got another attorney opinion - basically, as long as the positions are different - job title, description, function, apparently it is ok to keep your pending RIR application while submitting a new PERM. Better get more confirmation though

What is the openion of attorny Mr Khanna and other famous attrornies in this matter?. My RIR LC was filed about a year ago. (PD APR-04). There is a chance that my LC may get approved in two months. On the other hand, if it goes to BEC after March 28, it will stand in end of the FIFO Q. Who knows it may take another two years to get approval from BEC. Apart from that now BEC says there is no process advantage between RIR and regular LC. Now my LC approval is hanging in between two months or two years.

If it goes to BEC I would recommend my employer to file in PERM and prefer to retain RIR LC for 7th year extension. Certainly comments from reputed lawyers will give confidence in filing in PERM without withdrawing pending LC.

 

[Rajiv S. Khanna]

Thanks for bringing this thread to my attention, folks

In future, please send me and/or the moderators an email if something is a consistently unclear issue of law.

Q. Can we file another Labor Cert application under PERM and still keep pending another application through RIR/NON RIR.

A. Short answer: Yes. But do read on.

If you want to transfer the priority dates, you will have to withdraw the old labor cert and refile within 210 days a PERM base labor cert. Both labor certs MUST be IDENTICAL (absolutely same).

If you do NOT want to transfer the PD, you could file an identical OR a different application under PERM. As long as both applications are filed in good faith (not fraudulent), you can take advantage of both. USDOL does not like this practice, but so far they can do nothing about it.

Also keep an eye here:
http://www.immigration.com/dollinks/permindex.html

I trust that makes things clear. Good luck. Rajiv.

 

[can_card]

Thank You Mr Khanna..

 

[h1b_valid2004]

Khanna ji ur advise needed

My case is Denied rir remanded to non-rir in EDD/SESA from DOL
How will new rules related to backlog red/Perm/new rules will affect me as I am on 7th YEAR extension.

Hello Everybody,

Here is My CASE HISTORY
==================
Check out my timeline...anybody else on this list like me.
If yes what plans you have to tackle this.

Timeline for ur refrence

1. LC Filed in 5/30/2001.(EDD/Labor state)
2. Goes to Federal state on: December 2001
3. Recvd at Federal : Jan 2002
4. Retest Remand Letter - March 2003
- My employer provided retest data to them
5. Denied RIR - went to EDD as non RIR case- April 2003
6. Haven't heard from them last one and half year + - Feb 2005

Meanwhile I am on my 7th year H1b extension...


There were some optimistic moments where DOL had agreed it will take back all the cases which they had put back to EDD. Actually many cases did got approval who were filed after me but for my particular case.....looks like it is lost hope....

It seems denied RIR cases which were put in non-RIR queue in EDD by DOL is never gonaa make it...CAN WE DO SOMETHING about it.

Non-RIR cases hardly move.

Can anybody suggest what option I have .

Can anybody provide me some pointers on how can I benefit from new rules of backlog reduction/PERM/updated rules
what is the phone number /email address and other details
How should I go about it..any attorney who can help ?.Thanks
- Ajay
Edit/Delete Message

 

[Rajiv S. Khanna]

Too many issues for me to comment, Ajay. But as long as the LCert is in process, no problem with extensions. I suggest you speak with your own lawyers.

 

[iplayfun]

2 LC through through different companies

Is it possible to file 2 LC through through different companies through PERM

 

[puhrince]

so whats the final word on this issue..?? DOL released FAQ's on PERM recently too

 

[MohitFL]

If you are looking for a strong, genuine,reliable and a very professional company to join and to file your Green card through Perm, let me know. Generally labour and I140 gets cleared in couple of months. 180 new joiners already approved in a very short duration.

Mohit
mohitfl@hotmail.com