PERM ??? OR RIR ??? (After OCT News)

T

trendsetter

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PERM ??? OR RIR ??? (After OCT News)


Hello Folks:

I need immediate advsie from you guys.Pls go through my case details below.

I filed my EB2 RIR case in Nov 2004 from kansas...moved to BEC...got 45 days letter and no sign of it afterwards...
During first week of this month,I filed PERM under EB2 for a different position for the same employer. We thought we will remove the old Labor as soon as PERM Labor got approoved.

But Now EB2 got retrogrssed to Nov 1999, Is it advisable to move ahead with PERM Labor.If I go fwd I may have to cancel my BEC Labor as rules states that "Labor that is in pending state at BEC will get automatically cancelled if the same person's labor get approved thru PERM , viceversa". As the Priority dates became a big issue, I think it is better to be with old Labor instead of moving fwd with PERM.Even though I get my PERM cleared in 2-3 months time I will loose ONE YEAR of PriorityDate.Can you pls suggest me abt whether to stick with Old RIR Labor Process or new PERM Process.


I paid all PERM Labor feese to my lawer and he is waiting to hear abt PWD from state dept.Is there anyway for me to HALT the PERM process?Can some thing

Basically I cldn't understand how these DOL folks brought in PERM and made visa numbers retrogressed to couple of years.I mean, what is the point in clearing your Labors without allwoing us to go to next level.Being an Optimist,I'm hoping that DOL will comes up with something that takes us forward.

Pls Folks, Type down your thoughts/opinions for me.

Waiting to hear from you.

Thanks
TS

 
I would go with PERM and get 140 approved within the next six months and be eligible for 3 year extensions, so that even if there is layoff we can do H1 transfer and still be able work ( as slaves around this country). You are not loosing a big date which is only matter of 6 or 8 months. On ther other hand, if you go with RIR LC it may take anythime between 1 year to 2 years to get LC certified. If you are confident that your company will not do layoffs you can keep the old RIR one and ask your attorney to withdraw your PERM application online.

BTW, the DOL rule is no longer valid that you should only have one application. That FAQ they removed and have not made any decision yet as of today on multiple application for same employee from employer. So, now keep cool don't do anything. When DOL comes back with any solution to this problem, you can think then.
 
thanq KnowDOL

Brother:
Pls see my comemnts below.

>>>
1)I would go with PERM and get 140 approved within the next six months and be eligible for 3 year extensions, so that even if there is layoff we can do H1 transfer and still be able work ( as slaves around this country). You are not loosing a big date which is only matter of 6 or 8 months. On ther other hand, if you go with RIR LC it may take anythime between 1 year to 2 years to get LC certified.
>>>

I read in the forums that they are going to clear all those BEC Labour's in one year time, Is it TRUE?...If so I will be loosing big PD right?..I eamn around 10 months.Are you sure about bec's nov 2004 Labors will take approximately 1-2 yrs?btw I have 2 more yrs on my H1.
>>>
2)If you are confident that your company will not do layoffs you can keep the old RIR one and ask your attorney to withdraw your PERM application online.
>>>

I work for consulting company and they don't go for this removing stuff as long you are fine with them:-)).SO you want me to with draw PERM now?..I'm confused with your 1) and 2) stmnts here.Pls throw some light.

>>>
3)BTW, the DOL rule is no longer valid that you should only have one application. That FAQ they removed and have not made any decision yet as of today on multiple application for same employee from employer. So, now keep cool don't do anything. When DOL comes back with any solution to this problem, you can think then.
>>>

I agree, In fact I checked out with my employer and he told me the same. He asked me to be patient untill DOL announces something abt Multiple Filings.

Thanks a lot brother. Pls type down your comments to my quetions.
 
Hi

I have similar case. My EB2 RIR is filed in July 2004, still waitng for labour. Now, I was considering to file PERM for a different position for the same employer. But, I am on 7th year H1 extension now, the petition for which is still pending with BCIS for approval. The 7th year of H1 extension was requested based on the fact that my labor was pending more than 1 year.
Now my question is, if I apply for PERM now, is it going to cause problem for my 7th year extension petition, as perhaps it will be considered as new labor application?
Pl advice whether I will lose my 7th year extension capability if I apply form PERM, while my EB2 labor is pending.
 
Pls Replyyyyyyyyyyyyyy

Guys:
Can u pls tell me whether I shld g ahead with PERM or drop it?
Pls read my case details above and let me know your thoughts.
My attorney is ready to withdraw my case and I have to tell my final opinion now.
Thanks in Advance.
~TS
 
trendsetter said:
PERM ??? OR RIR ??? (After OCT News)


Hello Folks:

I need immediate advsie from you guys.Pls go through my case details below.

I filed my EB2 RIR case in Nov 2004 from kansas...moved to BEC...got 45 days letter and no sign of it afterwards...
During first week of this month,I filed PERM under EB2 for a different position for the same employer. We thought we will remove the old Labor as soon as PERM Labor got approoved.

But Now EB2 got retrogrssed to Nov 1999, Is it advisable to move ahead with PERM Labor.If I go fwd I may have to cancel my BEC Labor as rules states that "Labor that is in pending state at BEC will get automatically cancelled if the same person's labor get approved thru PERM , viceversa". As the Priority dates became a big issue, I think it is better to be with old Labor instead of moving fwd with PERM.Even though I get my PERM cleared in 2-3 months time I will loose ONE YEAR of PriorityDate.Can you pls suggest me abt whether to stick with Old RIR Labor Process or new PERM Process.


Withdraw your PERM immediately and apply another PERM for the similar job as RIR case and keep the old RIR's PD intact. Talk to your attorney, without any extra fees let the attorney do it.


I paid all PERM Labor feese to my lawer and he is waiting to hear abt PWD from state dept.Is there anyway for me to HALT the PERM process?Can some thing

Basically I cldn't understand how these DOL folks brought in PERM and made visa numbers retrogressed to couple of years.I mean, what is the point in clearing your Labors without allwoing us to go to next level.Being an Optimist,I'm hoping that DOL will comes up with something that takes us forward.

Pls Folks, Type down your thoughts/opinions for me.

Waiting to hear from you.

Thanks
TS
Click to expand...
 
I want to file Eb2

I have a pending labor in Dallas for a Eb3. I want to file for Eb2 but I need to find the right job offer. I work in a company with offices in Utah, Arizona and Idaho and they are already looking for diferent positions. I just dont know what the requirements are for an Eb2. I have BS and 5 years of experience but i wanted to know if I need to apply for Job zone 4??? Education & job training ??? SVP ??? Also.. Do they accept other source of information to get the wage??.. I found this table from OES... which wage should I use? are all of them acceptable????

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $15.43 $20.74 $27.94 $37.24 $46.14


Could you please someone advise me what to do????
 
tHANq gR8gURU

////

Withdraw your PERM immediately and apply another PERM for the similar job as RIR case and keep the old RIR's PD intact. Talk to your attorney, without any extra fees let the attorney do it.

////

Gr8Guru:
I will do it rightaway....Let me talk to my attorney....

What shld I do If he is NOT ready to file another PERM for the similar job description as in my RIR Labor?
DO you want me to withdraw the current PERM which I got filed for another job description?

Pls write me ASAP..

Thanks

~TS

 
Hi Gr8 Guru

////

Withdraw your PERM immediately and apply another PERM for the similar job as RIR case and keep the old RIR's PD intact. Talk to your attorney, without any extra fees let the attorney do it.

////



Can I know abt your intentions behind above advise?

The only way is, DOL allows me to use OLD PD coz both Job Descriptions r SAME....I know it all depends on thsoe folks but let me hope so.

Do u have any other thoughts?...Pls share with me.


Otherday when I asked my Attorney abt "PERM Withdraw" plans of mine, he said he can return only $1000 as he did ground work for PWD stuff for my case. I paid $1500 initially.

You want me to go ahead and ask him for another PERM as you advised above???...Got confused...Pls write me in detail...Thanks a lot

 
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