Can a pending application be converted to PERM?
Basically no. With respect to withdrawing and re-filing existing applications under PERM, the DOL has now decided to allow an employer to withdraw the application, re-file under PERM and retain the priority date established in the original application. But the priority date may only be maintained if no recruiting has yet occurred. That basically means priority dates may only be retained in non-RIR cases where recruiting has not yet begun. And to qualify to retain the priority date, the new filing must take place within 210 days of the withdrawal. However, employers can withdraw RIR and other cases and re-file under PERM and establish a new priority date. Employers should also note that if a case is refilled under PERM, recruiting done for a previously filed petition cannot be used unless that recruiting would also satisfy the PERM requirements. Thats not likely given the fact that PERM requires the recruiting take place within close proximity to the time a PERM petition is filed.
