aquariuzzz

Can I file a labor certification under PERM and keep my application
filed under RIR?? I am not subject to countries facing retrogression
(from Germany). Idea is to take what ever comes first??

Jonathan McNeil Wong

[email protected] wrote:
    > Can I file a labor certification under PERM and keep my application
    > filed under RIR?? I am not subject to countries facing retrogression
    > (from Germany). Idea is to take what ever comes first??
    >

Not entirely clear but the regulation suggests that you can't have a
dupe (as distinguished from a new labor certification application filed
for a different job or by a different employer).



--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

aquariuzzz

So, can I withdraw the RIR and file a new application with a slightly
different job description under PERM??

Jonathan McNeil Wong wrote:
    > [email protected] wrote:
    > > Can I file a labor certification under PERM and keep my application
    > > filed under RIR?? I am not subject to countries facing
retrogression
    > > (from Germany). Idea is to take what ever comes first??
    > >
    > Not entirely clear but the regulation suggests that you can't have a
    > dupe (as distinguished from a new labor certification application
filed
    > for a different job or by a different employer).
    > --
    > Above intended as general commentary, not specific legal
    > advice. Your mileage may vary.
    > ================================================== =============
    > Jonathan McNeil Wong Voice: 510-451-0544
    > Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
    > P.O. Box 12979 http://www.donahue.com
    > Oakland, CA 94604-2979 E-mail: [email protected]
    > ================================================== =============

Jonathan McNeil Wong

[email protected] wrote:
    > So, can I withdraw the RIR and file a new application with a slightly
    > different job description under PERM??
    >

To clarify:

You can always withdraw a labor cert and file a new one. So you can
withdraw a pending RIR labor cert and file a new PERM labor cert even if
it is for the same position. However, you must meet the new PERM
requirements, including a current prevailing wage, and your old priority
date is not preserved. So if you are from a country where the cutoff
dates are backlogged, you need to take this into account (as well as the
state of the market now where you are, the requirement that the
prevailing wage be updated, and timing issues).

You may not have two labor certs pending for the same position and
beneficiary, which is the question you first asked.

Note, the PERM regulations contain a special provision under which an
old traditional labor cert may be withdrawn and a new PERM labor cert
filed without a loss of priority date. Depending on the circumstances,
this may nor may not be advantageous; you should discuss the particular
circumstances of your case with an attorney.


--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============