RIR convert to PERM

I

IN_LC_2002

Registered Users (C)
I have been working for the same company in two different states. My first RIR was filed in 2002. My second RIR was filed to the second SWA last October. I am talking with our attorney about converting the second RIR to PERM. But Our attorney doesn't recommend to convert my RIR case to PERM because there is risk to lose my priotity date, which is critical for extending my H-1B visa (I am in the 6th year of H-1B). But if I lose my priority date of Oct 2004, can I still keep my previous priority date? The first RIR case is still in the system. I guess it has been moved to BEC. As I understand my employer will try to keep that case alive, because they didn't file the second RIR case soon enough to allow me to extend my 7th year of H-1B with the priority date being Oct.2004. My question is when my RIR case is converted to PERM, is it required to withdraw all LC cases in my name? Can I keep the first RIR in the system so that I can keep extending my H-1B? Another question is can we simply withdraw my second RIR and file a brand new PERM without saying it is a converting case? I don't worry too much about my priority date, I just want to get my LC quick. As it is indicated, converting cases will take longer than 45-60 days. Thanks for any input!
 
Hmmm! 6 one way or half-a-dozen the other!!

You have 2 RIR cases already filed. You are talking about an option of converting one of those (probably the recent one) to PERM. You are also concerned of loosing the priority date in the event they disapprove your PERM case. In that case, you want to be sure if the other(old RIR case) would still be alive or automatically disqualified...?

As of now, it is unknown whether PERM system will inquire the pending cases in BRC queue. All the data is being entered into the database at BRC. Being a 'cyber coolie' myself, I assume they have a way to inquire that database(?) and get to know that you have couple of applications already pending and automatically (a button would do!) disqualify them??

I hate to say this, but there are chances of doing so. You have to make sure they dont have such an option to check your previous cases and drop them. It is difficult to know what options they have with new PERM system and how they go about implementing them.

Hell, they might even get surprised to know that they have an option like that to inquire the previous cases pending after you ask them??? I wont be surprised!!!

There is no benefit in getting labor approved faster when priority dates dont allow you to apply for adjustment of status. My advice to you would be to just file another new case under PERM with a new job requirement(different one altogether!!!) and keep your old cases in the queue alive. Your employer already applied 2. One more wouldnt matter!!!

I am not a liar, please consult a professional one before taking any action :)
 
If you ask for conversion to PERM, you are kind of inviting DOL to check the BEC system and they might find out you have another RIR case pending. We don't know how they react. So the best bet will be filing a brand new PERM application. Also DOL is saying that conversion cases will take longer than the brand new PERM cases.
 
Hi guys! You are correct.

Though there are no rules or regulation prohibiting filing multiple labors (differnt job title with the same employer), DOL prefer to see only one LC for one employee thro one employer (to aviod potentioal fraud by some companies selling the second labor thro Labor substitution). Even if we apply second labor with different job title and description in PERM, there is a great possibilty that DOL may ask to withdraw either one (if they check the database).

This was pointed out during the DOL briefing with AILA. See the Rajiv's Dol update pdf file.

Now I am blinking whether to withdraw my pending RIR to file in PERM. Also I do not want to lose my PD to have 7th year xtn. (who is in right mind withdraw a pending RIR LC?)

In nutshell, we are all victims of malpractice by bad employers doing fraud in labor certification.
 
You must log in or register to reply here.
Top