Gurus,
Please advise me how to proceed. My dilemma is whether or not to file my labor using PERM:
1. I came to the US in 1999 and worked for a company from 1999 to 2001. During that time my labor and I-140 were both approved. The PD on my approved I-140 is June 2000.
2. In 2001 I joined another company. They filed my labor under EB-3 Non-RIR category with PD of December 2001. In October 2005, we received and replied to the 45-day letter. The case is now in Dallas BEC.
3. My understadning (as well as my attorney's understanding) is that I can re-capture my June 2000 PD at the time of I-485 filing.
4. I am thinking of filing a new PERM labor application (EB-3) thru the same company and have some doubts:
a. Would this new PERM filing nullify my current pending labor at Dallas BEC? I have spoken to 2 attorneys. One said Yes and the other said No.
b. The company will allow me to file PERM but I will have to bear the cost ($10,000). Given that my current pending EB-3 TR case at Dallas BEC has a PD of December 2001, would it make sense for me to try a new PERM filing where I am paying the cost? Even if the recruitment process were to start today, I will only be able to file sometime in January 2006. Would it be worth to give it a shot at the expense of $10,000. If the company was paying I would certainly go for it, but now that I'm paying, what do you guys think?
Please advise.
Thanks.
Please advise me how to proceed. My dilemma is whether or not to file my labor using PERM:
1. I came to the US in 1999 and worked for a company from 1999 to 2001. During that time my labor and I-140 were both approved. The PD on my approved I-140 is June 2000.
2. In 2001 I joined another company. They filed my labor under EB-3 Non-RIR category with PD of December 2001. In October 2005, we received and replied to the 45-day letter. The case is now in Dallas BEC.
3. My understadning (as well as my attorney's understanding) is that I can re-capture my June 2000 PD at the time of I-485 filing.
4. I am thinking of filing a new PERM labor application (EB-3) thru the same company and have some doubts:
a. Would this new PERM filing nullify my current pending labor at Dallas BEC? I have spoken to 2 attorneys. One said Yes and the other said No.
b. The company will allow me to file PERM but I will have to bear the cost ($10,000). Given that my current pending EB-3 TR case at Dallas BEC has a PD of December 2001, would it make sense for me to try a new PERM filing where I am paying the cost? Even if the recruitment process were to start today, I will only be able to file sometime in January 2006. Would it be worth to give it a shot at the expense of $10,000. If the company was paying I would certainly go for it, but now that I'm paying, what do you guys think?
Please advise.
Thanks.