PDA

View Full Version : Is there any PERM conversion denials so far?


21stIcon
05-03-2006, 06:01 PM
Guys,
I 've been anxiously waiting since I had filed my conversion on Feb07, neither Dallas BEC have withdrawn nor sent 45 days letter so for where as PERM status is being displayed as in process from day one, it could be delay at BEC or PERM put on hold for what ever reason.
As employer and lawyer are not willing to enquire, I am so concerned on 8th year of my H1 extension, Gurus please share your thoughts ,is there any denials so far ,if so what would other options to retaain my H1 status?

knnmbd
05-04-2006, 01:20 PM
Guys,
I 've been anxiously waiting since I had filed my conversion on Feb07, neither Dallas BEC have withdrawn nor sent 45 days letter so for where as PERM status is being displayed as in process from day one, it could be delay at BEC or PERM put on hold for what ever reason.
As employer and lawyer are not willing to enquire, I am so concerned on 8th year of my H1 extension, Gurus please share your thoughts ,is there any denials so far ,if so what would other options to retaain my H1 status?

Don't know the how valid this is but I got it off one of the IV forum's

Based on Perm Trackers in immigration.com, the rate of approvals for EB2 based on the excel sheets seems like this :

2005 - EB2 approval less than 30 % of the filing, 39 % is pending for a looooog time, rest are rejects
2006 - EB2 so far - 41 % of the filing is approved,

2005 EB3 Approval rate 44 %

BEC to Conversion to PERM Processs - Rejection rate 78 %

21stIcon
05-04-2006, 01:36 PM
I searched all over web, I could not find not even single references, and I know it could take more time than expected but have not heard of any denied cases

munnu77
05-04-2006, 01:46 PM
neither am i ?
i have my 5 frnds doing it..all got approval..
i donno from where our respected frnd got the figures...
can u provide some link?

knnmbd
05-04-2006, 01:52 PM
neither am i ?
i have my 5 frnds doing it..all got approval..
i donno from where our respected frnd got the figures...
can u provide some link?
I just got it off one off the threds on the IV forum.Please look at the thread for BEC processing

immi2006
05-04-2006, 01:53 PM
I went thru each every excel sheet posted on immigration.com to come up with the figures.

Perm rejection rates are high on conversions. Also, it is possible ur case may be
1. Missed on post
2. Can u check the online status ?
3. THere may be an audit ?
4. There may have been a wage detem issue
5. The employer may not have complied with all the details.


neither am i ?
i have my 5 frnds doing it..all got approval..
i donno from where our respected frnd got the figures...
can u provide some link?

21stIcon
05-04-2006, 02:41 PM
Auditing is not a rejection, petition could be approved or denied after audit, most audit ended in approvals if you look at trend,your analogy is wrong.

Gurus, if any one come up with solid evidence I would appreciate it

arihant
05-06-2006, 05:10 PM
Can I Refile under PERM and Preserve the Original Priority Date?

Our firm receives many inquiries regarding the possibility of refiling a backlog center case under PERM. Presently, it is our general advice not to take the risk, as the priority date could be lost. While there is technically and legally a mechanism for refiling under PERM and requesting preservation of the priority date, as part of the process, the existing backlog center case is withdrawn, whether or not the PERM case is approved. If not approved, the original priority date is lost. The PERM case must be regarded as identical to the backlog center case. Since the forms are different and minor information, such as the employer's address may have changed, guidance is needed in order to provide more certainty about this process. Because of this ambiguity, many are opting not to try this procedure, thus leaving their cases pending in the BPCs where the processing is much slower.

The DOL acknowledges that they are behind on issuing guidance on the precise meaning of "identical" in the PERM regulation. They state that such guidance is forthcoming. If clear and workable, this guidance could go a long way toward eliminating some of the BPCs' caseloads and helping many individuals to obtain their LC approvals and then file the I-140 petition. For individuals who are past the initial six years of H1B status, an approved I-140 permits filing for a three-year H1B extension. This is simpler and less expensive than having to file annual H1B extensions.