Good job by Vijay Durgam! The labor was certification was pretty quick. Just took us about 2 months to get certified. We had an extremely busy schedule when we applied for the LC and did not have enough time to go over the paper work and other stuff.
Vijay thoroughly prepared the documentation and provided us with just the right information we needed.
Thanks,
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | July 2022 |
I'm on H-1B with employer A and am currently in the PERM process(recruitment done). I'm in India right now and would like to know what happens if:
1) PERM approved and i140 filed; (while I'm in India)
2) Receive PERM audit; (while I'm in India)
3) I-140 approved and Post I-140 approval; (while I'm in India)
Do I need to return to the US in any of the above scenarios? Any worst-case scenarios I should keep in mind?
1. No problem.
2. No problem.
3. No problem.
Do discuss your long-term plans with your lawyers.
FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident
If your company files a new PERM for a different role within the same organization after your initial I-140 is approved, will the initial I-140 still be active?
If your employer revokes your initial I-140 more than 6 months after it is approved and you move to a new role within the same company, is there any risk involved?
Will every organization need to apply for a PERM again in the future if you switch employers? Can you work for an organization that is not ready to start your PERM process, and can you use your previous approved I-140 to extend your H1B for a new employer?
If you lose your job post I-140 approval and don't find a new job within 60 days, can you still apply for jobs while outside the United States? Will your last approved I-140 still be active?
What are the cases or situations in which you can lose your I-140 or priority date (i.e., your approved I-140 is revoked)?
When filing for the permanent labor certification (PERM) application, it is important to file from the corporate headquarters instead of a branch or sub-office, especially for consulting jobs or jobs that can be transferred to different locations. This is because the U.S Department of Labor considers the corporate headquarters to be the job site for transferable jobs. After the I-140 is approved, the priority date belongs to the individual even if the I-140 is withdrawn, unless it is revoked for fraud, misrepresentation, or an obvious error. Additionally, as long as the I-140 stays approved for 180 days, the individual has the right to extend their H-1B beyond six years with any employer, even if the I-140 is revoked. After 180 days, the employer can revoke the I-140, but it does not affect the individual.
Vijay Durgham guided us with the labor certification process very professionally. Though our organization was new to the process, he showed a lot of patience and expertise in successfully completing this for us.
There have been many instances where his colleagues have assisted me in matters not quite related to this process either.
A big thanks to him and his team.