BEC LC application to PERM

[STAmisha]

Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

[dreamworld]

When we do dual filing with PERM...

Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?

[rb_248]

Originally Posted by STAmisha

Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.

[GC_SUCK]

I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.

I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments

[powerman]

Originally Posted by mike232

I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)

Hi Mike,

I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

Thanks

[pappu]

Originally Posted by STAmisha

Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

evaluate your pros and cons based on your own unique situations.

the BEC uses old generous rules to process applications. thus chances of success are better

perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.

you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.

bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.

in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.

thus priority dates are more important. make sure any decision you take maintains your old date.

[dogking]

there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.

rb_248, after you filed the conversion how long for you to got it approved?

[rb_248]

Dogking,
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.

Originally Posted by dogking

there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.

rb_248, after you filed the conversion how long for you to got it approved?

[pappu]

and you thought only BEC are the only ones messing up...
http://murthy.com/news/n_balapp.html

[knowDOL]

I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.

Originally Posted by GC_SUCK

I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.

I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments

[knowDOL]

Yes only after I-140 approval of both LC's.

Originally Posted by dreamworld

When we do dual filing with PERM...

Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?

[knowDOL]

Converting to PERM is safe, does cost money and advantageous only to get 3 year extensions of H-1B which will save your company the money for extensions. (H-1B). It does not expedite your GC processing time and does not fetch you even EAD.

My company's attorney converted 4 EB2 cases with PD March 2005 to PERM and successfully got approved all the 4 cases with in two months. On all the four cases they have not got the 45 days letters.

In your case since you are in 8th year extension it may be better to either convert exisitng EB3 to PERM or file a new EB2 for a different position in same company and get I140 approved. Evaluate based on which one costs you less money.

Originally Posted by powerman

Hi Mike,

I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

Thanks

[ak27]

Hello,

I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.

[knowDOL]

Any PERM case filed before July 25th 2005 was taking long time because of system problems. But this long is a news to me. I wish you good luck and hope that it will get cleared soon.