it is not agains any law/rule to file multi PERM

來源: DO-PERM 2007-09-17 12:23:12 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1628 bytes)
Check this out.



Can an Employer File Two Labor Certifications for the Same Employee? The DOL addressed whether a labor certification (LC) can be pending both through a filing under the pre-March 28, 2005 system and the new PERM system for the same employee. The DOL had stated previously that they disfavored the practice, but had taken no formal action against it. There are a number of reasons an individual and his/her employer might want to maintain both cases. While individuals and employers are motivated by the potential of a fast approval under PERM, and a re-filing may be needed due to a change in position or job offer, they often need the old case for H1B seventh-year extension purposes. Additionally, older cases have older priority dates that may be particularly useful for those from certain countries, like India, mainland China, and the Philippines, affected by the retrogression of visa dates under the EB3 preference category. No one wants to disrupt a case for which s/he has been waiting for years. Therefore, many individuals and their employers were interested in keeping their pre-PERM cases pending while also filing under PERM. The DOL is trying to put an end to this practice and they have clearly stated that they will either deny or issue a Notice of Finding on the second case. There are, however, constitutional concerns over the legal basis for this DOL position, since there is no law or regulation prohibiting a second filing, particularly if the future position is different from the earlier position.
請您先登陸,再發跟帖!

發現Adblock插件

如要繼續瀏覽
請支持本站 請務必在本站關閉/移除任何Adblock

關閉Adblock後 請點擊

請參考如何關閉Adblock/Adblock plus

安裝Adblock plus用戶請點擊瀏覽器圖標
選擇“Disable on www.wenxuecity.com”

安裝Adblock用戶請點擊圖標
選擇“don't run on pages on this domain”