PERM approved and BRC LC

[mar2004]

Hi everyone,

My PERM Eb3 application was submitted in October 05 and approved in Nov. 5, 2005.

I also had a regular LC at Philadelphia BRC, also EB3 with same company but slightly different job description and priorituy date of June 2003. On Nov. 18, 2005 they sent the 45 day letter.

Considering retrogression and that I did not ask for my old priority date in my PERM application, do you recommend that I amend my regular LC with Philly BRC and continue the processing (thus hopefully saving a priority date) or should i drop it, given that I already have my certified PERM LC?

Would requesting Philly LC to continue processing my regular LC endanger my aleady-approved LC or otherwise be against the law?

Any inputs appreciated...

Thanks and best of luck...hang in there!!

 

[nonsense]

hi mar2004,
congrads on ur PERM aproval.....could you please specify if you have filed paper or online? and what exacly the question was to keep or not keep the old priority date.
was it asking that if you have a pending case in the BEC?? if thats right...how did u answer NO to that to have a new PERM application and not have a refile of the old case?
thanks alot.

 

[mar2004]

hi mar2004,
congrads on ur PERM aproval.....could you please specify if you have filed paper or online? and what exacly the question was to keep or not keep the old priority date.
was it asking that if you have a pending case in the BEC?? if thats right...how did u answer NO to that to have a new PERM application and not have a refile of the old case?
thanks alot.

Thanks...My application was filed online. In my PERM application, I did not request to keep the old priority date as the PERM job description was slightly different to the old LC.

Now I'm asking whether I can amend the old LC (as I received the 45 day letter) to reflect the same job as in my PERM, thus continuing the old LC case.

Thanks and sorry if I wasn't clear!

 

[nonsense]

Hi mar2004....
I still really would like to know the exact question that was in the application.
was it something like "Do you wanna keep your old PD?"
or was it like "do you have a pending LC case?" -> implying that if you answer yes..then u wanna keep your PD.
thanks.

 

[mar2004]

Hi mar2004....
I still really would like to know the exact question that was in the application.
was it something like "Do you wanna keep your old PD?"
or was it like "do you have a pending LC case?" -> implying that if you answer yes..then u wanna keep your PD.
thanks.

In the PERM application, one of the first questions is" Do you want to retain your priority date?" However, to answer 'yes' (and not get rejected) the PERM job has to be exactly the same as the original LC job. If it is different, then you cannot put 'yes' on PERM. As mine was slightly different, I put "no" (i.e. do not want to retain priority date).