PERM Denial conversion case please help!

K

kunal105

New Member
I am involved myself in a mess regardning the Green Card labor process

1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)

2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.

3) Just last week I got a denial letter from DOL stating the reason

"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"

also the letter said

The job requirements did not exactly match the earlier case and hence priority date cannot be maintained

This denial also caused the automatic withdrawal of my earlier backlog case.

4) The priority date was very impt to me since I applied in EB3 and from India.

Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again

I am very anxious please help!!
 
it seems to be you did not understand the RIR case requirements completely.

Only very few attorney with caution do RIR conversion into PERM, but as you accepted, committed a blunder.

Even for reopen the motion you have to pay have fees to attorney but chnaces are not so much bright for yur denial case.

Though you loose yur PD but refiling your PERM may help to renew your H1 beyond 6th years.



kunal105 said:
I am involved myself in a mess regardning the Green Card labor process

1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)

2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.

3) Just last week I got a denial letter from DOL stating the reason

"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"

also the letter said

The job requirements did not exactly match the earlier case and hence priority date cannot be maintained

This denial also caused the automatic withdrawal of my earlier backlog case.

4) The priority date was very impt to me since I applied in EB3 and from India.

Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again

I am very anxious please help!!
Click to expand...
 
kunal105 said:
I am involved myself in a mess regardning the Green Card labor process

1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)

2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.

3) Just last week I got a denial letter from DOL stating the reason

"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"

also the letter said

The job requirements did not exactly match the earlier case and hence priority date cannot be maintained

This denial also caused the automatic withdrawal of my earlier backlog case.

4) The priority date was very impt to me since I applied in EB3 and from India.

Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again

I am very anxious please help!!
Click to expand...

If I were you, I would try the following: Change employers and use the experience you gained from your present employer to file a PERM/EB-2. Easier said than done - but given the circumstances, I believe that is your best option.
And, please hire an immigration attorney in future (No, I am not affiliated with any), but filing a conversion for a April 2004 in November 2006 was bad enough, and doing it yourself was just inviting disaster.
 
You must log in or register to reply here.
Top