Employer filed PERM today for EB-2, rest of the world - bad idea?

[Deusdies]

Hi,

My employer informed me that they filed the PERM application electronically today. I fall under the EB-2 category and under "rest of the world". Normally, the visa dates are "current", however for the past few months they have retrogressed to beginning 2014. What's more interesting is that they've only retrogressed for EB2, for EB3 they're still "current". From my research online, it seems that they're expecting the visa dates to go back to "current" at the beginning of 2017.

Does that mean that I will have to wait an additional ~2 years when PERM gets approved in order to continue my green card process? Would it have been a better idea for me to wait until January next year or so and only then file the PERM? What are my options now?

Thanks!

[SpinSuzuki]

It is a good idea to start the process. Talk to the employer's attorney about the process and you will realize that you have to get approved for the PERM and then also apply for your I-140 AND get the I-140 approved. These 2 steps could take 6 months to a year.

The day you file your PERM application is your priority date. If you filed PERM today the priority date would be Aug. 24, 2016. As soon as the visa dates become current, and you have your I-140 approved you can apply for Adjustment of status with I-485. Your priority date will remain the same, no matter whether the visa dates retrogress or become current and you can apply for AOS only when your priority date is EARLIER than the visa date for your category as listed on the travel bulletin.

You have to recognize the fact that you are in a much better position than tons of applicants from other nationalities who have to wait for a minimum of 9-10 years before they can start Adjustment of status. You may have to wait only 6 months to a year and once your visa date becomes current, you can apply for AOS.

So, it is not a bad idea to start the PERM process as soon as possible.

Hope this helps.

Hi,

My employer informed me that they filed the PERM application electronically today. I fall under the EB-2 category and under "rest of the world". Normally, the visa dates are "current", however for the past few months they have retrogressed to beginning 2014. What's more interesting is that they've only retrogressed for EB2, for EB3 they're still "current". From my research online, it seems that they're expecting the visa dates to go back to "current" at the beginning of 2017.

Does that mean that I will have to wait an additional ~2 years when PERM gets approved in order to continue my green card process? Would it have been a better idea for me to wait until January next year or so and only then file the PERM? What are my options now?

Thanks!

[Deusdies]

It is a good idea to start the process. Talk to the employer's attorney about the process and you will realize that you have to get approved for the PERM and then also apply for your I-140 AND get the I-140 approved. These 2 steps could take 6 months to a year.

The day you file your PERM application is your priority date. If you filed PERM today the priority date would be Aug. 24, 2016. As soon as the visa dates become current, and you have your I-140 approved you can apply for Adjustment of status with I-485. Your priority date will remain the same, no matter whether the visa dates retrogress or become current and you can apply for AOS only when your priority date is EARLIER than the visa date for your category as listed on the travel bulletin.

You have to recognize the fact that you are in a much better position than tons of applicants from other nationalities who have to wait for a minimum of 9-10 years before they can start Adjustment of status. You may have to wait only 6 months to a year and once your visa date becomes current, you can apply for AOS.

So, it is not a bad idea to start the PERM process as soon as possible.

Hope this helps.

Thanks for the reply. I am not sure that helps answer my question though. My question was - instead of waiting for my priority date (August 23, 2016) to become earlier than the visa date for my category (January 01 2014) - essentially causing me to wait approximately 2 years - should I have instead waited a few months until visa dates become current and only then file the PERM - so that my priority date is "current"?

Thanks!

[SpinSuzuki]

It seems like you do not understand how the process works. You only have control over your priority date - the date you file your PERM. Visa dates can move forward, backward or not move at all. I think you are under the misconception that on the day you file your PERM, if the visa date is not current, then you have to wait. There is NO CONNECTION between the date you file and what the visa date is on the day of filing your PERM. The visa date tells you that if your priority date is before the visa date then you can apply for adjustment of status(AOS).

For example, if Aug 23rd, 2016 is your priority date and the visa date is July 2016, then you cannot apply for AOS.

If visa date is Feb 01, 2017, then you can apply for AOS. Or if visa date says "current" you can apply for AOS. In other words, because your priority date is earlier than the visa date you automatically become current.

In case your PERM is approved in December 2016 and in January 2017 visa dates move to October 01, 2016 - you can apply for AOS after waiting for around 5 months since filing PERM. You wouldn't have to wait for 2 years or any amount of time. If your priority date is before the visa date, then you CAN APPLY.

How fast and when will the visa dates change?? That is very hard to predict. It is not under our control. If after a couple of years, visa date still stands at January 2014, will you keep waiting to apply for PERM? It makes more sense to apply for PERM and get a priority date as soon as possible.

So I hope you see that you do not determine your wait time based on what the visa date is on the day you filed your PERM. Your wait time is not determined by today's visa date. Your wait is determined by movement of the visa dates in the FUTURE. They could move forward or they could retrogress. But as long as your priority date is earlier than the visa date or if visa shows "current" you can apply for AOS. Else you cannot and have to wait.

Essentially, right now no ones knows how long you actually have to wait for AOS.

Hope this brings some clarification.

Thanks for the reply. I am not sure that helps answer my question though. My question was - instead of waiting for my priority date (August 23, 2016) to become earlier than the visa date for my category (January 01 2014) - essentially causing me to wait approximately 2 years - should I have instead waited a few months until visa dates become current and only then file the PERM - so that my priority date is "current"?

Thanks!

[Deusdies]

It seems like you do not understand how the process works. You only have control over your priority date - the date you file your PERM. Visa dates can move forward, backward or not move at all. I think you are under the misconception that on the day you file your PERM, if the visa date is not current, then you have to wait. There is NO CONNECTION between the date you file and what the visa date is on the day of filing your PERM. The visa date tells you that if your priority date is before the visa date then you can apply for adjustment of status(AOS).

For example, if Aug 23rd, 2016 is your priority date and the visa date is July 2016, then you cannot apply for AOS.

If visa date is Feb 01, 2017, then you can apply for AOS. Or if visa date says "current" you can apply for AOS. In other words, because your priority date is earlier than the visa date you automatically become current.

In case your PERM is approved in December 2016 and in January 2017 visa dates move to October 01, 2016 - you can apply for AOS after waiting for around 5 months since filing PERM. You wouldn't have to wait for 2 years or any amount of time. If your priority date is before the visa date, then you CAN APPLY.

How fast and when will the visa dates change?? That is very hard to predict. It is not under our control. If after a couple of years, visa date still stands at January 2014, will you keep waiting to apply for PERM? It makes more sense to apply for PERM and get a priority date as soon as possible.

So I hope you see that you do not determine your wait time based on what the visa date is on the day you filed your PERM. Your wait time is not determined by today's visa date. Your wait is determined by movement of the visa dates in the FUTURE. They could move forward or they could retrogress. But as long as your priority date is earlier than the visa date or if visa shows "current" you can apply for AOS. Else you cannot and have to wait.

Essentially, right now no ones knows how long you actually have to wait for AOS.

Hope this brings some clarification.

Understood - thank you very much! I thought that if the visa date when my PERM is filed is January 2014 then that January 2014 date will always stay with me, no matter how the visa date changes in the future. Thanks a lot!