cantstandit said:
hi everyone, would love to hear your opinion on my situation ......
........the lawyer now says I should go PERM and I'm inclined to do to ... anyone in a similar situation ?! Losing the PD is not a problem for me, because it's current for my country.
Any ideas !?
NY SWA
Type: EB3 - RIR
PD - 11/2002
RD -
45-day letter: Not received
My opinion is sue your bloody HR dept (if I had a penny for everytime I wanted to do that, I'd be rich...
)
Anyway, if your company is willing to take on the cost of another PERM application, I say go for it.
The way I see it, your old application is filed under the old company name (from your message it seems to be the amendment was not filed and the company name was not changed ) -- this means that your new PERM application will be at least
1. From your new company, therefore different company name
2. Possibly a new and different job title, if this is true even if # 1 is false it doesnt matter for purposes of retaining your old PD iff that application is still valid and ok.
If that application is not valid and is to be denied anyway you dont care. But if it is, you dont lose anything by applying for PERM, lawyers are saying that although DOL doesnt like 2 applications for 1 applicant, theres no law that REQUIRES you to withdraw old application. You need to withdraw ONLY if you want to retain old priority date, which we have established is of no particular value to you.
So go on, start a PERM app -- it'll take a couple months to be put in (advertising etc will have to be redone, PERM requires advertising in last 6 months of application date) and then interviews conducted etc... all said and done you are looking at 2,3 months before application is put in, another 60 days before adjudication.
Hope this helps --