PERM Processing Times (as of 03/31/2023)
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | July 2022 |
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 After the I-140 is approved, the priority date belongs to the individual even if the I-140 is withdrawn, unless it is revoked for fraud, misrepresentation, or an obvious error.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.
Processing Queue | Priority Date |
---|---|
Analyst Review | April 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | April 2023 |
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.
I am currently on a B2 status and waiting for PERM approval. I have extended my B2 once, and I still think I would need another six months until my perm and I140 get approved. I need your suggestion in making a decision:
Should I move to day 1 CPT OR extend my B2 for another six months?
Which one will be the best option so I don’t get any RFEs from USCIS in the future?
I have another question: My parents and brother have their B2 visa interview scheduled for May 31st. If they ask my parents about me, is it a good idea to mention my situation in the interview?
If you are on a B-2 visa waiting for PERM approval. You can choose between:
Day 1 CPT: Allows you to work while studying but requires school enrollment.
B-2 extension: Extends your stay but may not allow work. Choosing depends on your work needs and ability to enroll in school.
Regarding your parents' visa interview, advise them to answer truthfully about your situation. Don't misrepresent information to USCIS.