Two Perms, Same company, Eb3 to Eb2

C

cr52401

Registered Users (C)
Guys,
I am need of you experience. I have one Perms with approved I140 in Eb3 with PD of 2003.
The compnay is offering to apply in Eb2 with the different position and MS+1.
I am totlay qualified and this is smal company with 160 Emp.

If I aplly for the second one, what would happen? Will we get rejected or facing the audit.
I am in the 7th years and I really need to hear form your experince.
Thank you.
 

Ok buddy, this is gonna get complicated, so pay attention.
The way to do this is to first file a new H-1B with your 'promoted' title and a higher wage. This shows that you are in fact 'worthy' of EB2 upgradation.
Now, after you file the PERM case, the employer or attorney who file it will either:
A) Notice that the case is taking exceptionally long just sitting there and pout about it until the DOL emails and asks for the reasoning (which may take a LONG time)
B) Beat the DOL to the punch (so to speak) and email plc.chicago@dol.gov (or plc.atlanta@dol.gov - whichever corresponding service center) with the details as to why there is a 2nd filing for the same person. When doing this, he/she will scan the H-1 receipt/approval notice and some of the supporting forms which indicate the title/wage change. He/she will prepare an email as to the reasoning for the 2nd filing in that you were promoted.

After your PERM is approved, go and file an I-140 with a recapture of the Priority Date from your EB3 application. This way, you will be able to have an EB2 approved I-140 with your older EB3 priority date.

Hope this helps you. Good luck, - St4rGuitar
 
st4rguitar said:

Ok buddy, this is gonna get complicated, so pay attention.
The way to do this is to first file a new H-1B with your 'promoted' title and a higher wage. This shows that you are in fact 'worthy' of EB2 upgradation.
Now, after you file the PERM case, the employer or attorney who file it will either:
A) Notice that the case is taking exceptionally long just sitting there and pout about it until the DOL emails and asks for the reasoning (which may take a LONG time)
B) Beat the DOL to the punch (so to speak) and email plc.chicago@dol.gov (or plc.atlanta@dol.gov - whichever corresponding service center) with the details as to why there is a 2nd filing for the same person. When doing this, he/she will scan the H-1 receipt/approval notice and some of the supporting forms which indicate the title/wage change. He/she will prepare an email as to the reasoning for the 2nd filing in that you were promoted.

After your PERM is approved, go and file an I-140 with a recapture of the Priority Date from your EB3 application. This way, you will be able to have an EB2 approved I-140 with your older EB3 priority date.

Hope this helps you. Good luck, - St4rGuitar
Click to expand...

Hello St4rGuitar,

I always read your comments to be very knowledgeble.. I have an issue with the PERM conversion, can you please give your valuable suggestions?


I have a CA non-RIR case from Dec 2002 which I have tried to convert to PERM in July 2006. Its about 8 months and nothing really happened to the conversion case. Now, we got the Recruitment instructions from the Dallas BEC on my BEC Case. Now, I am not sure what is the best way to proceed.. I am worried that if I keep the conversion case, it may impact my DBEC case. On the other hand, I dont know if we start the recruitment process now, how long it will take to get certification. My lawyer said to keep the PERM case as is and pursue the recruitment for the DBEC case. Not sure if this is the right approach or not.

Appreciate your help on this.

Thanks,
H1Babu
 
Hi Babu,
Thanks for your comments - much appreciated.
Wow... that is quite the sticky situation. I'm surprised to hear that the traditional case remains pending at the DBEC, as I'm sure you were probably also surprised to hear that. Shocker. Usually with conversions, once filed, within a few months the DOL will withdraw the case from DBEC and the attorney/company will receive a letter indicating the same.
Regarding the recruitment at the DBEC, if you look at the PLC website, it indicates that the Backlog must be eliminated by 9/30. This means that the BEC must close by 9/30, which means a decision would have to be issued on your case by then. However, I'm willing to bet they may do another extension of time/request for funding, as they are just now getting to the TR cases (not to mention screwing up a lot of the TR cases.
I would love to be able to give you a solid answer on this... I would go with starting the recruitment process and crossing your fingers that the PERM gets approved in the meantime. Very tough situation, though.
Wish I could be of more help -- good luck & best wishes to you.
--St4rGuitar

h1babu said:
Hello St4rGuitar,

I always read your comments to be very knowledgeble.. I have an issue with the PERM conversion, can you please give your valuable suggestions?


I have a CA non-RIR case from Dec 2002 which I have tried to convert to PERM in July 2006. Its about 8 months and nothing really happened to the conversion case. Now, we got the Recruitment instructions from the Dallas BEC on my BEC Case. Now, I am not sure what is the best way to proceed.. I am worried that if I keep the conversion case, it may impact my DBEC case. On the other hand, I dont know if we start the recruitment process now, how long it will take to get certification. My lawyer said to keep the PERM case as is and pursue the recruitment for the DBEC case. Not sure if this is the right approach or not.

Appreciate your help on this.

Thanks,
H1Babu
Click to expand...
 
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