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Listserv Q&A for
"Solving Today's PERM Puzzle"

For more info, or to signup online, click here.
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Question:

we have question about grandfathering prior RIR instead of converting to PERM. since the prior RIR is subject to 245(i) and client changes the employer. On the secion A, question 1. can we answer "yes" and put prior filing date? if so, would it be treated as converting and either get denied or withdraw the prior RIR and lose priority date.

Answer by Ron Klasko:

Filing a new application should not result in loss of grandfathered status even if the entire application is withdrawn. If the new filing is "identical", the question needs to be answered "yes" and the previous petition will be considered withdrawn. If it is not "identical", it is presently unknown whether the Department of Labor will withdraw the previous case


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