I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?
Q2. Question from the employee, Mr. Smith:
If Mr. Smith filed an immigration benefit (e.g. visa, petition, change of status), does he need to answer YES / NO to the following question: "Has an immigrant petition ever been filed for you?" Basically: does submitting PERM/LC mean filing an immigrant petition? This question is often asked in application.
A1. I do not know of any law that requires an employer to withdraw a PERM application if an employee leaves or gets laid off, but the employer still retains a good faith intention to hire them back. When we first filed the PERM application, we filed it in good faith, asserting to the USDOL under penalty of perjury that:
You have enough funds available to pay the wage or salary offered the alien and you will be able to place the alien on the payroll on or before the date of the alien’s proposed entrance into the United States.
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).
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.
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.
I have applied perm under the category EB-3 on Dec-2008 and got a audit on June 2009 and replied the query in june 2009 itself.
I have 2 questions here:
1) Can I know the application status .Do i get any file number or something to check my status of this perm application applied under EB-3 category?
2) Requesting you to let me know the probable completion date of my PERM?
PERM times are on our web site. You cannot check the progress of the case, except through your employer. If they filed electronically, the application status should show where things are in terms of: pending, denied, approved only.
According to DOL updates as of 1/31/2010, they are working on PERM application filed in the following months:
Analyst Review: April 2009
Audits: December 2007
Standard Appeals: September 2007
Govt's Error Appeal: Current
Here is a set of questions posed to me recently by one of our clients:
I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?
The status is still in process now. I would like to know if this PERM LC still has any goods for him. Let me know the pros & cons between withdraw it and not withdraw it.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.