RIR versus PERM -- New "Hold Harmless" Policy

W

WaitLabor

New Member
Hi:

I am in dilemma right now. Since I am lack of information and legal knowledge, I am seeking some expertise here, I really appreicate if anyone can give me some advice, suggestion, or direction.

Here is my situation:

I filed a EB3 Traditional labor on 11/2003 (so my EB3 Priority Date is 11/2003) and right now, as you can guess, it's sleeping somwwhere in Backlog Center, covered with thick dust. My company was willing to file a new, separate EB2 PERM petition on behalf of me several months ago. Right now the status is I am near the completion of recriutment and the expected filing date will be sometime around March.

The change is my lawyer contacted me yesterday saying there is a new policy called "Hold Harmless", which means we can convert the pending EB3 Tradition to EB2 RIR, with the priority date unchanged. She told me that I have 2 choices now: either convert a pending case to RIR which can keep the old priorith date 11/2003, or file a new EB2 PERM which the priority date will be 03/2007, but not both. She asked me to reply to her by end of tomorrow.

It's very hard for me to make a decsion before I don't have enough knowledge to judge which route is more favorable to me. Let's assume that there won't be any audit on either case, which means I can get the LC smoothly, either EB2 or EB3. Which route is better -- EB3, PD:11/2003 (current is 22APR05) or EB2, PD: 03/2007 (current is 01AUG02)?

Thank you so much for your expertise.
 
Hi,

EB3 or EB2 is determined by the job description that you have given in your labor application and matters only from I140 stage

In order for the job to be a EB2 it should require MS or alternatively BS+5 years of experience

You can not change the job description in the pending labout application, if you try to do any chnage you will lose your priority date as that chnage will be treated as a new job.

So there is no such thing as conversion from Eb3 to Eb2

How ever you can convert from Non RIR to RIR by following the procedure published by DOL.

Hope this helps.

RD

WaitLabor said:
Hi:

I am in dilemma right now. Since I am lack of information and legal knowledge, I am seeking some expertise here, I really appreicate if anyone can give me some advice, suggestion, or direction.

Here is my situation:

I filed a EB3 Traditional labor on 11/2003 (so my EB3 Priority Date is 11/2003) and right now, as you can guess, it's sleeping somwwhere in Backlog Center, covered with thick dust. My company was willing to file a new, separate EB2 PERM petition on behalf of me several months ago. Right now the status is I am near the completion of recriutment and the expected filing date will be sometime around March.

The change is my lawyer contacted me yesterday saying there is a new policy called "Hold Harmless", which means we can convert the pending EB3 Tradition to EB2 RIR, with the priority date unchanged. She told me that I have 2 choices now: either convert a pending case to RIR which can keep the old priorith date 11/2003, or file a new EB2 PERM which the priority date will be 03/2007, but not both. She asked me to reply to her by end of tomorrow.

It's very hard for me to make a decsion before I don't have enough knowledge to judge which route is more favorable to me. Let's assume that there won't be any audit on either case, which means I can get the LC smoothly, either EB2 or EB3. Which route is better -- EB3, PD:11/2003 (current is 22APR05) or EB2, PD: 03/2007 (current is 01AUG02)?

Thank you so much for your expertise.
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