PERM Processing Times (as of 02/28/2018)
PERM Processing Times (as of 02/28/2018)
PERM Processing Times (as of 02/28/2018)
1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up.
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2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.
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.
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.