I could not find any guidelines for 7th year extension with the DOL PERM Program. In the six month period - less than 365 days but more than 180 days from the expiry of the six-year limit on my H1B, my company started the PERM process. In that six month period we got an approved I-140 and filed for Adjustment of Status. Would I qualify for 7th year extension ? Please note that I am a citizen of India and I thought there was also a provision for "Per Country Limit".
If you have an I-140 approval and your PD is backed up, you are entitled to a three-year H-1 extension beyond six years. It does not matter when your PERM was filed.
My perm application filed on July 2010 and got audit on September 2010. My employer sent audit response on October 2010. When I asked my employer how much time I would take then he said that now a days USCIS response within 3-4 months for new cases. How long does a PERM audit take?
The PERM audit can take a lot of time. I just checked with one of our case managers. They tell me that they have no figures for the time it takes between start and end of an audit, but the total decision life cycle (from filing to decision) of an audited case is 2 - 2.5 years.
I filed Perm under EB3 category on 1-Oct-2008. I got an audit. As per your current Perm dates, they are processing Aug'08 audits. Can I file with same employer under EB2? If yes, can I also keep EB3 file running parallelly. Is there a way for me to carry EB3 PD after I-140 Approval,if I file a new EB2? I completed 4yrs 2 months on H1B already. Please suggest me if I can change my employer now to file for EB2 or not. (If there is any way i can carry my EB3 PD for EB2 or not?). My lawyer said they can not change the current EB3 file to EB2 as they did not describe it for EB2 role.
It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.
I am very happy to inform that I have received my PERM Labor Certification within six weeks of applying for it. This was, of course, preceded by extensive preparatory work, which is very important. I wish to thank the Law Offices of Rajiv S. Khanna for their competent consultation and filing. Both Mr Khanna and Ms Richa Narang, who has been assigned my case, have been very helpful, providing the right advice from time to time.With a large number of immigration attorneys in the market, the situation can be confusing for a prospective green card applicant. I think it is our good fortune that we contacted Mr. Khanna's Law Office. This was by sheer chance while browsing the internet. It has worked out very well. I am hopeful and confident that with the expertise, professionalism and continued assistance of Mr Khanna and his dedicated team, the next stages of the process will be smooth and successful.Thanks once again Rajiv and Richa .
I want to thank Mr. Rajiv Khanna and his team for taking care for my perm application and getting it done very professionally. I was in a bad situation were my previous perm was denied due to grave mistakes committed by previous lawyer. This is a huge relief for me and am very hopefull that further processes will be smooth as well. thanks, Sanjeev
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?
It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
Processing Queue | Priority Date |
---|---|
Analyst Review | March 2022 |
Audit Review | January 2022 |
Reconsideration Request to the CO | May 2022 |
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
I am on the H-1B visa right now, still in my initial 3-year window, have this query about Prevailing wages In the Perm process. My company is filing Perm under the EB2 category, it was submitted in September 2022, and the current wait time is around 8-10 months so I am still waiting to hear back from authorities.
1. I had asked my lawyer for a copy of the PWD, but they said it is a company document. Is that correct?
2. When I asked about the wages mentioned in the document, they told me the figure is 123k $ and would be paid to me after the green card is received. This prevailing wage figure is 35% higher than my current wages. Does the prevailing wage figure include cost to the company? ( insurance,401k plan for which company pays for me) or is this figure to be paid to me as a yearly salary? Also, being an Indian, and Since mine is EB2 filing, I may not receive a green card until the next 15-20 years. Is there a way I can negotiate for this salary after the perm is approved?
Can we file two PERM simultaneously, one for the current job level and one for the future promoted level? My employer filed my green card based on my master's degree and no experience as a job requirement. So, what are the chances it will pass recruitment during PERM, keeping the current recession in mind?
Technically, you can apply for two jobs like this because they are two different jobs. Definitely when there are specific skill requirements the chances of success are a lot better.
I would like to thank Mr. Khanna and his PROFESSIONAL team FOR help with my labor CERTIFICATION. I really appreciate the service I got from your office. I would especially like to thank Richa who was very helpful, thorough, prompt, diligent and very professional. Mr. Khanna was very detail oriented and pointed out at the smallest issues. I was amazed when I was told how many people review the case before it’s submitted. Due to this thorough work I got my labor approved in less than a month. I apologize to all who I have not named here for all the hard work they put in. I would recommend thEm to all my friends and family.