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.
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.
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.
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.