ILW.COM - the immigration portal Seminars

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.



Listserv Q&A for
"Filing PERM Cases For Advanced Practitioners"

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

Question:

Thank you for your leadership in the area of PERM, and for your incisive comments during the ilw telecons. I understand that you are writing an article about re-filing and about having two applications in the system at the same time.

I have a question that you may already be covering in your article, which I believe would be of general interest.

Section 656.17(d)(4) discusses that re-filed applications will be considered identical considering "all accepted amendments up to the time the application was withdrawn." Would this include the employer's receiving a certified mail postal receipt from DOL, submitted in connection with the employer's amendments by mail? What does "accepted" mean?

Answer by Gary Endelman:

First of all, I would not withdraw a prior case, even if you wanted to take advantage of the original filing date since filing an identical case under PERM and seeking to profit in this manner IS deemed a withdrawal. So, why withdraw in advance? Second, while the term "accepted" is not defined, I do not interpret it as simply being received by the SWA or DOL but agreed to. Accepted here meaning DOL/SWA has no objection to the amendment, that it does not constitute a new case or otherwise cause loss of the original filing date. Hope this helps.My Two Bites article did not address this very good question.


Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: