Philadelphia Regional DOL Tracker

I don't like the idea to convert our RIRs to PERM. We have our employers to go through ads, recruitment, paying hundreds dollars for ads and thousands of dollars for attoney fee. I don't think our employers would like to go through all those again and cost extra thousands of dollars. Don't ever let the BEC think that we will withdraw and refile to reduce the backlog automatically by ourselves for them while they do nothing but wait.
 
z2002 said:
I don't like the idea to convert our RIRs to PERM. We have our employers to go through ads, recruitment, paying hundreds dollars for ads and thousands of dollars for attoney fee. I don't think our employers would like to go through all those again and cost extra thousands of dollars. Don't ever let the BEC think that we will withdraw and refile to reduce the backlog automatically by ourselves for them while they do nothing but wait.

you are right z2002. my employer has told me to actually forget about as the process it too complicated and they don't want to go through.
 
Bec News Update ( From Dallas Bec)

Whyallthis
Registered User Join Date: Feb 2005
Posts: 16

Hi

BEC has already said that they will first start analyzing Regional Cases taking that into consideration they won't wait till all the data entry is done.
Also they have informed all to contact them after 90 days completion of reply to 45 days letter.
So people should contact them somewhere from end of Marcg to first week of April. so lets see what they say.
 
I agree with Cherrygums!!

Any Inquiry into the Status of Pending application can be done after 90 days(Reply letter on 45 dayletter).

Thanks,
Immidude74

-------------------------------------------------------------
Hi

BEC has already said that they will first start analyzing Regional Cases taking that into consideration they won't wait till all the data entry is done.
Also they have informed all to contact them after 90 days completion of reply to 45 days letter.
So people should contact them somewhere from end of Marcg to first week of April. so lets see what they say.[/QUOTE]
 
Prevailing Wage Determination from now onwards

Folks,

Here is DOL Prevailing Wage determination guidance for SWAs. It has some positive notes for filing PERM EB2. Currently all software related occupations have less than 8.0 SVP level, which meas EB3.

- MD2001
 
Orissa & Tomshu

My Friends , can you use your hotlines to ask the only thing we need to know, " When are we gonna see some aprovals ".
Regards
 
Where can you know that your LC application is submitted?

Hello..
Is there any place that you can check that your LC application(SESA level) is submitted by lawyer?
We have federal level LC which has PD 2001 and my spouse applied for another LC last year just because our 6 years of H1-B is expiring this April. And we need to renew our H1-B now. But we can't contact with the lawyer who submitted my spouse's LC application.

Is there any website that we can check the status by using company name and applicant's name? We just want to know that the application got submitted.

Thanks!
 
Recieved the Love Letter

Hello Guys,
My lawyer just call, finally he recieved my 45 days letter.

Please can someone update the tracker.

DC SWA PD: 04/2001
Philly DOL PD:12/2004
NOF: 08/2003
NOF Responded: 09/2003
45 Days Letter: March 10, 2005
ETA Case Number - P-04364 - XXXXX

Regards
 
Please advice

Hello
My lawyer is asking if I want to convert my application to perm.... the only thing he seems to be concerned about now is the loss of priority dates. So is there anyone reading this forum who is planning to switch to PErm ...

Also it seems that DOL will let us transfer the "old priority date" to the perm system under some really stringent guidelines. The requirements simply means nothing should have changed between the current job and the one under which the old application was filed under.


Are many people opting for switching to the perm.. my priority date is june 2002...

Any advice would be appreciated.

thanks
 
laborpain01 said:
Hello
My lawyer is asking if I want to convert my application to perm.... the only thing he seems to be concerned about now is the loss of priority dates. So is there anyone reading this forum who is planning to switch to PErm ...

Also it seems that DOL will let us transfer the "old priority date" to the perm system under some really stringent guidelines. The requirements simply means nothing should have changed between the current job and the one under which the old application was filed under.


Are many people opting for switching to the perm.. my priority date is june 2002...

Any advice would be appreciated.


thanks

I'm thinking about it. But I probably will start a new perm and this time try EB2. Don' know if I can keep my old case pending at the same time. If I file to convert the old case to perm, then I have to withdraw the old case.
 
VAhoper said:
I'm thinking about it. But I probably will start a new perm and this time try EB2. Don' know if I can keep my old case pending at the same time. If I file to convert the old case to perm, then I have to withdraw the old case.

I was also thinking the same but my lawyer is of the opinion that conversion at this time is not advisable and it is better to see how the PERM goes for a couple of months. Also old cases moving to PERM probably won't fall under the '60 day' clearance promised under PERM
 
VAhoper said:
I'm thinking about it. But I probably will start a new perm and this time try EB2. Don' know if I can keep my old case pending at the same time. If I file to convert the old case to perm, then I have to withdraw the old case.

My lawer advised me to do the same, file new PERM under EB2 instead of convert. He said as long as it is for a new title/position. I don't have to withdraw the old case. I'm not sure if he is correct. I posted a question a week ago here but was not able to get any comments.
 
Folks, I have spoken personally to a very reputed attorney in the MD/ DC / VA metro area (I don't want to disclose his / her name in a public forum). This attorney has decided to file brand new PERM cases for their clients who currrently have their LC pending at the BECs. The attorney says that he / she will continue to do so as there is nothing published in the law that states that one cannot refile a brand new PERM case if one already has a LC case pending. This is what I heard from the attorney.

NOTE: Use this info at your own risk.
 
I spoke to my attorney and he has agreed to file a brand new LC case for me.

In my case, I have the flexibility to change my job title a little (say something like Programmer Analyst to Systems Analyst) to make sure that more than 50% of my duties are different from that of the job title used for my currently filed LC. I have a feeling this is permissible by DOL. It doesn't harm to try. So I will give it a shot for PERM/EB2 filing.
 
mvinays said:
I spoke to my attorney and he has agreed to file a brand new LC case for me.

In my case, I have the flexibility to change my job title a little (say something like Programmer Analyst to Systems Analyst) to make sure that more than 50% of my duties are different from that of the job title used for my currently filed LC. I have a feeling this is permissible by DOL. It doesn't harm to try. So I will give it a shot for PERM/EB2 filing.

What are the financial implications of re-applying PERM?

What does it do to the priority dates for 485 processing?
 
Filling new case "Perm"

Hey guys,
We all have to be careful, i read some time ago that you have to withdraw your case before filling a new case thru Perm, if DOL find out that you have two exact cases on the BEC and PERM they will denial both cases.

The interest of some lawyers is money, money , money, so maybe some of them will advice us to fill a new case thru Perm only to charge you again ... i am not saying that is wrong to fill a new case i am just saying that we have to be careful.

Is only my opinion ;)
 
What are the financial implications of re-applying PERM?
Currently, there is no filing fee to be paid to DOL to apply for LC under PERM. However, this is likely to change in future.

My attorney is charging again for a new PERM filing... but he gave me a $500 discount since I am already his client.

What does it do to the priority dates for 485 processing?
You can use the new approved LC (approved via PERM) and apply for 140 and get the 140 approved. Meanwhile, if your old LC gets approved by BEC, you could do something called as "substitution of priority dates". This means you will request USCIS to use your earlier LC's priority date to let you file 485. (I came to know about this by talking to the same reputed attorney again. This attorney mentioned that most people are not aware of this trick which can be used lawfully.). This substitution will need to be done at the 485 stage when you send your application packet to USCIS.

Again, the above answers are based on what I know and what I have gathered from my own research.

Disclaimer: I am not an attorney. Don't construe my posting as legal advice. Use the above information at your own risk.
 
Last edited by a moderator:
mvinays said:
Folks, I have spoken personally to a very reputed attorney in the MD/ DC / VA metro area (I don't want to disclose his / her name in a public forum). This attorney has decided to file brand new PERM cases for their clients who currrently have their LC pending at the BECs. The attorney says that he / she will continue to do so as there is nothing published in the law that states that one cannot refile a brand new PERM case if one already has a LC case pending. This is what I heard from the attorney.

NOTE: Use this info at your own risk.

Can you do this? I know you can have 2 LCs pending but can you have 2 LCs from the same employer pending?
 
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