PERM Change of Address FAQs
The Department has posted FAQs explaining how one should notify the Atlanta National Processing Center of a change of address, change of legal representation, and other related actions.
To read FAQ, see the attachment:
PERM - Labor Certification
PERM and H-1 extension
Question details
My company filed my perm application in march 2009 and We did`nt heard any thing from uscis. My H1 is expiring(Max-6 years) in March 2010. My question is when I can file for H1 extension?
You can apply for H-1 extension 6 months ahead. But the start date cannot be earlier than March 2010 (when the one year pendency/filing of PERM is reached). You can also get an H-1 extension when your I-140 is approved (if your priority date is not current).
Labor Cert - successor in interest
Question details
My Current company (A) applied for my Labor Cert on Feb 2009 and is still in progress. It's been acquired (Company B) and I will be continuing on my same positon/salary with company B that acquired us. As per new perm regulations 20 C.F.R. 656.11(a) and 20 C.F.R. 656.11(b) can company B act as a successor of interest, take over my pending labor and move forward to next step without any issues.
Generally speaking they can take over your green card application if they have taken over substantially all assets and liabilities and the job remains the same. Anything short of that needs to be analyzed.
PERM Process timeline
Question details
Is there any way of finding out the time it would take to finish the PERM process? Also, if I change my job after the PERM process is complete, will the date that I got get carried over when I apply from another company.
The processing times are available here: http://www.immigration.com/processing-times-and-status-checks. Priority dates are not transferrable unless I-140 is approved.
Mandamus against PERM delays
Question details
DOL seems to have stopped progressing on the Audit cases. Can litigation alleviate this problem and force them to atleast respond?
All things considered, in my view, a Mandamus is possible. But the chances of success are remote at least in DC circuit. Typically, in delay cases, courts do not interfere with the executive branch of the govt. At the very least, lawsuits draw attention to difficult issues. I think a petition to the govt. should be the first step. May be the worthy President can help. Although, speedy processing in this environment is certainly not a politically popular issue, but we have all followed the laws and the promise of the laws.
Guestbook Entry for Ashish Agrawal, United States
Name
Ashish Agrawal
Country
United States
State
New Jersey
Obtaining H-1 Extension beyond 6 years
Question details
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.
H-1 extension beyond six years can be obtained under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
PERM Processing Dates
According to DOL updates as of July 31 2009, they are working on PERM application filed in the following months: No Audit/Final Review: November 2008 Audit: October 2007 Appeals: July 2007
Should you be applying for employment-based green card in this economy?
Question details
Should you be applying for employment-based green card in this economy?
A lot of employers have been asking this question in the last few months. Is it even possible to get a labor certification with the US unemployment at a 26-year high.
NSC Updates – 05/26/09
I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
Hi Rajiv, I want to take this moment and offer you my utmost gratitude and thankfulness for your support and cooperation in my Green Card process. My case was little complicated as I had another I-485 with another lawyer with different job descriptions but same company. But with your expertise there was no RFE . This has been possible by the perseverance and dedication that was offered by your office. And I want to specially thank Amrita who has been exceptionally helpful to me for all these years. I must have contacted her zillion times for questions and concerns that never left me alone. But she always maintained her professional outlook and gave me the best guidance. This entire immigration process was only possible through your support. I will highly recommend your law firm for all immigration matters. Its the best indeed. Regards, Ashish Agrawal