Don't loose your PD
sk0902 said:
Thanks for replying..
The only point is, if I wait for the BEC labor and get it next 6 months, then I can have a much better PD and will get the final GC faster..
I don't think cutoff date will reach 12/5 next 2 years even though mine is EB2
So I am not going to withdraw my old case. What is bothering me now is whether DOL will reject my 09/2002 based on the PERM case.
When I filed PERM, I didn't think about this possiblility. However, now I am aprehensive.
If I were you, I would not loose the older PD. PERM is very fast - but in this day'n age of retrogression, what's the point of sitting on an approved labor anyway. Everyone's end goal here is to get GC - you wouldn't get it any faster even if you go the PERM route. Its best to wait and use your older PD. As you said, if you get your BEC labor approved in next 6-8 months, you will be well ahead of the entire race.
Retrogression elimination - I don't think that even if they retrieve older visa numbers, it would take a longer time to reach to late 2005 PD's for I-485. In my opinion, people from 2002/2003 are best served by waiting.
You'll be so surprised - there are so many bum-asses in my office who don't really understand the basics of GC and are sitting with approved PERM labor. No doubt, you'll jeopardise your older PD if you file I-140 using PERM labor.
Ironically, PERM seems to be "cart ahead of the horse" at this point. Think about it - there are so many people (I mean thousands) with PD between your old-PD and new-PD, so to get to your newer PD, you might be in line/race with so many others - that's not even considering the retrogression AND approved people from BEC's who will line up in-between.
I'm pretty sure there are so many people here (includes me), who are/were at the same "cross-roads" when PERM became the reality and consciously decided against it.
The bottom line -
1) Go PERM and wait another 3-4yrs to get GC.
2) Wait and get GC in another 2yrs (worst case). Remember I-140 and I-485 processing takes about 8-10months now-a-days. So, once you clear labor (let's say in another yr), you'll on the fast track towards GC.
3) Wait till end of this year and decide your plan of action for #1 or #2.
I'm just trying to give you some options; its your decision which way to proceed. But I can see the "tilt of scale".