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At What Stage Should I Join My Future Green Card Employer?
My future employer is planning to file my GC PERM in the month of May 2018. Also I have PERM in process from my current employer.
Is it advisable to join the future employer before filing the PERM or after the PERM is approved or after I-140 is approved.
Basically need to know at what stage of the GC process I can join the future employer.
Does my joining the future employer impact the GC approval process (getting PERM approval, I-140 approval).
Watch the Video on this FAQ: At what stage should I join my future green card employer?
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
May 24, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
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PERM Denial—Possible Defect in Form
I am currently in my 7th year of H-1B visa. I work as a software developer full-time with a reputed software and ATM (Automated Teller Machine) hardware company. My perm with DOL just got denied; the reason mentioned was the SWA (State Workforce Agency) Ohio job order does not mention minimum experience requirements. However, the ETA form mentions 60 months of experience, and this does not appraise US workers from applying. However, the lawyer argues that there was no room to mention experience requirements in the Ohio job order.
If indeed there is a defect in the form, USDOL should be able to approve the PERM within a few months upon an MTR. BALCA has put out a number of rulings in the last few months permitting such cases to be approved. In my opinion, it is highly unlikely that the form does not have experience drop down or similar fields. That is just too improbable. The problem may be more complicated than that.
PERM Processing Times (as of 01/03/2013)
According to DOL updates as of 01/03/2013, they are working on PERM
Green Card
Immigration Law
Labor Certification Approved Following Two MTR/Appeals on Government Error
We filed an ETA 9089 Labor Certification and included a requirement of a Master’s degree. The job required no employment experience, but did require hands-on work in a university research laboratory with particular equipment. DOL denied the application, stating that training and experience requirements were in place that exceeded the employer’s true minimum requirements. We responded with an MTR/Appeal asserting that this was not an appropriate ground for denial and that no formal training was required or available in these technologies.