PERM - Question - Please clarify

N

naudurivsm

Registered Users (C)
Hi all,

I have my LC applied under RIR/EB2 from Main state
Priority date being 21st DEC 2004

No that all the pending cases from this state and others are being shipped to BRCs

my ;lawyer adviced me to file a fresh LC under PERM ( without withdrawing the old and pending case).

1. Question is can I do that? file new one without pulling out old case?
2. Is it legally allowed?
3. Can I retain the old Priority date?
4. If yes what would be the key aspects to be taken care before filing?
- Ofcourse the lawyer might take care of all these, but then I would like to assess the probability of this entire process etc.
5. What are exact requirements for qualifying to EB2 under PERM? aover and I am a M.com with 8 yrs of exp in IT, total exp of 18 yrs.

Please advice

Thanks
 
Last edited by a moderator:
It is not very clear weather you can file under PERM without withdrawing the old one. However, many are saying that it would not be possible. Most likely it is not going to be possible. Read the requirements for ads for PERM, since you have to start doing it now.
 
irinastaicu said:
It is not very clear weather you can file under PERM without withdrawing the old one. However, many are saying that it would not be possible. Most likely it is not going to be possible. Read the requirements for ads for PERM, since you have to start doing it now.
Click to expand...


My employer and Lawyer are in the process of ads and other paper work.
my lawyer says, I/we need not withdraw the old case.
BUT friends say NO we must withdraw otherwise they might cancel or reject both cases as it adds to the duplication in their , time and effort

So want to know what is chance of getting that apporved under PERM if filed without withdrawing the old case? is there a clause in PERM where you have to mention - if you have filed a case for LC earlier ? yes/No if yes give details ? etc.
In the above scenario there might be a query as well and no clue as to how the lawyer will be replying ? any thoughts ?
 
naudurivsm said:
Hi all,

I have my LC applied under RIR/EB2 from Main state
Priority date being 21st DEC 2004

No that all the pending cases from this state and others are being shipped to BRCs

my ;lawyer adviced me to file a fresh LC under PERM ( without withdrawing the old and pending case).

1. Question is can I do that? file new one without pulling out old case?
2. Is it legally allowed?
3. Can I retain the old Priority date?
4. If yes what would be the key aspects to be taken care before filing?
- Ofcourse the lawyer might take care of all these, but then I would like to assess the probability of this entire process etc.
5. What are exact requirements for qualifying to EB2 under PERM? aover and I am a M.com with 8 yrs of exp in IT, total exp of 18 yrs.

Please advice

Thanks
Click to expand...

Most likely you will not qualify for EB-2 under PERM particularely if it is going to be an IT job.

Check it out. You might be better off countinuing with your current LC.

Good Luck.
 
naudurivsm said:
Hi all,

I have my LC applied under RIR/EB2 from Main state
Priority date being 21st DEC 2004

No that all the pending cases from this state and others are being shipped to BRCs

my ;lawyer adviced me to file a fresh LC under PERM ( without withdrawing the old and pending case).

1. Question is can I do that? file new one without pulling out old case?
2. Is it legally allowed?
3. Can I retain the old Priority date?
4. If yes what would be the key aspects to be taken care before filing?
- Ofcourse the lawyer might take care of all these, but then I would like to assess the probability of this entire process etc.
5. What are exact requirements for qualifying to EB2 under PERM? aover and I am a M.com with 8 yrs of exp in IT, total exp of 18 yrs.

Please advice

Thanks
Click to expand...
 
I am in the same situation, I had a meeting with My lawyer last week and his interpretation of the PERM says that we cannot process RIR & PERM at the same time.
 
Hi Lonely..

What is your priority date of the old case ? and was it under RIR/EB2 ?
since it appears to me if we can not file under or DO NOT qualify for EB2
then sticking to the old case seems "Vendor to the last Resort".

Any idea how long it might take to come out (successful) of Philli BRC ?
 
I just files from NY and I have not received any case number or anything. I was planning to file under PERM thinking I can continue both filing at the same time. But as my lawyer said, there is no clear instruction from DOL metioning whether we can continue both.
 
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