Should i refile for PERM?

S

soda

Registered Users (C)
Hello,
I'm on an H1B visa in the US (EB-3 category) and I filed for the Labor certification which had a priority date of Feburary 10th 2004, from where it was sent to the Federal Backlog Reduction center on July 2005. I've been waitng fo this for a long time but still I dont have any news about my labor certification. My H1B visa will expire in 2008...

do u think i should file for the PERM?

Thanks
Soda
 
soda said:
Hello,
I'm on an H1B visa in the US (EB-3 category) and I filed for the Labor certification which had a priority date of Feburary 10th 2004, from where it was sent to the Federal Backlog Reduction center on July 2005. I've been waitng fo this for a long time but still I dont have any news about my labor certification. My H1B visa will expire in 2008...

do u think i should file for the PERM?

Thanks
Soda
Click to expand...

I am in the same situation as you (H-1 expires in 2008). My company has agreed to refile a new case without requesting a conversion from BEC to PERM.
 
Thanks for the reply....So ur PD for the RIR was on 2005, right? So I guess we are on teh same boat. So maybe I should refile it....

Some people were telling me not to refile it because it could slow down the process of me getting the labor certification. One person actually told me that if I refile it through PERM, I can expect to get a reply in 2010.
 
soda said:
Thanks for the reply....So ur PD for the RIR was on 2005, right? So I guess we are on teh same boat. So maybe I should refile it....

Some people were telling me not to refile it because it could slow down the process of me getting the labor certification. One person actually told me that if I refile it through PERM, I can expect to get a reply in 2010.
Click to expand...

My RIR PD is Apr 2003. No PERM is "superfast" labor certifiation processing compared to RIR and Non-RIR processing.

File for a different position ("non-identical") to be safe. Job is considered "identical" if it is for the same occupation, same alien, by same employer, same location and same minimum requirements and same skill requirements. If one or more of these factors are different, your PERM application will not be considered to be identical to your RIR application.
 
Anyway there is a back log for visa numbers in 485 stage so i don't what would it again for anybody to get the LC approved and loose the priority date. That doesn't make sense.
 
sbanil said:
Anyway there is a back log for visa numbers in 485 stage so i don't what would it again for anybody to get the LC approved and loose the priority date. That doesn't make sense.
Click to expand...
There are two bills currently pending in the Senate. Arlen Specter's bill and Bill Frist's bill. Both support employment based immigration and propose to increase visa numbers or even eliminate retrogression for emploument based categories. There is a ray of hope...I would still recommend filing PERM. If I-140 gets approved through PERM labor, 3-year H-1B extension is possible beyond the normal 6 year limit (although we have to wait to file 485 due to retrogression).
 
Since I work in a hospital, If I refile through the PERM, I would be filing for the same occupation, same alien,by same employer, location and minimum wage and skills.....therefoer, I'll be filing in the "identical" status....
So in that case, should i still file for PERM?
 
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