PERM APPROVAL TIME - Urgent!!

[thiru7]

HI FRIENDS,

My PERM was filed on 10/25/2013 on EB2 category. When do you think I will get my PERM approved.

My 6th year of H1B will end on September 2014.

Do I have enough time. My attorney office says current processing time is 9 months......If I am not able to get it approved in time, can I go to H4 visa for a while and then comeback again to H1 with the same employer.

Appreciate all your response.


Regards,
Thiru

[thiru7]

HI FRIENDS,

My PERM was filed on 10/25/2013 on EB2 category. When do you think I will get my PERM approved.

My 6th year of H1B will end on September 2014.

Do I have enough time. My attorney office says current processing time is 9 months......If I am not able to get it approved in time, can I go to H4 visa for a while and then comeback again to H1 with the same employer.

Appreciate all your response.


Regards,
Thiru

Any response from senior members would be appreciated.

Thiru

[Xris74]

HI FRIENDS,

My PERM was filed on 10/25/2013 on EB2 category. When do you think I will get my PERM approved.

My 6th year of H1B will end on September 2014.

Do I have enough time. My attorney office says current processing time is 9 months......If I am not able to get it approved in time, can I go to H4 visa for a while and then comeback again to H1 with the same employer.

Appreciate all your response.


Regards,
Thiru

I'm not a senior member, but since I was in a similar situation I'll take a stab at it:

If (and this is a big if) your PERM application does not get audited or denied, then you will have enough time since your PERM should be approved by July/August of 2014. Your lawyer will then file your I-140 right after the PERM approval under the premium process, and in 15 days you should hear back from USCIS. If (another big if) your I-140 gets thru with no issues, then you can extend your H1B for more three years until the GC number is issued. As you can see, this is the best best case scenario.

Now, considering that EB2 applications are much more scrutinized than EB3 ones, the chances of having your PERM application audited are higher, and this scenario will push the PERM processing time even further. In that case, you won't have enough time to have it approved. I'm also assuming that no further government shutdowns will occur while your PERM application is being processed. Otherwise, additional delays will occur. This is the worst (and sorry) most likely case scenario.

Another thing: In case your PERM application gets audited, and since you're on the 6th year, you'll only be able to extend your H1B for another year if your PERM application is pending for more than 365 days, and by September of 2014 your PERM process will be pending by less than that. In that case, you'll need to consider spending some time abroad before the end of your 6th year so you can recapture this time and be able to extend your H1B for another year.

I might be wrong, but your plan of switching from H4 temporarily and then switching back to H1 have very small chances of success. The switch from H1 to H4 alone will raise so many questions that it might be get denied right off the bat.

Besides, you'll need to spend one year outside the U.S. to get a new H1B, and therefore I believe it will be easier if you work abroad for a year, and then come back with a fresh new H1 or L1 if you can work with the same employer from abroad (Assuming the employer has offices in another country).

I don't mean to discourage you, but if I were you I would work with the worst case scenario, and explore with your lawyer and employer the option of working a couple of months abroad so you can recapture this time to extend your H1B for another year in case your PERM process is pending due to an audit.

Good luck!

[thiru7]

Thank you Xris74 for a detailed response to my situation.The information was very useful.

Thanks,
Thiru

[sreeramk]

Mine took 9 months

My application for PERM was dated April 31st 2013 and I just got approved last week. So, it has taken 9 months. It was filed under EB-2 category. I have a Masters in US with 12 years work experience in US.

I already have a EB-3 priority date of 2006 and the intention is to capture that old date. Luckily no RFE's were issued during this PERM process.

[thiru7]

Thanks Xris74, the information was very useful.

Regards,
Thiru

I'm not a senior member, but since I was in a similar situation I'll take a stab at it:

If (and this is a big if) your PERM application does not get audited or denied, then you will have enough time since your PERM should be approved by July/August of 2014. Your lawyer will then file your I-140 right after the PERM approval under the premium process, and in 15 days you should hear back from USCIS. If (another big if) your I-140 gets thru with no issues, then you can extend your H1B for more three years until the GC number is issued. As you can see, this is the best best case scenario.

Now, considering that EB2 applications are much more scrutinized than EB3 ones, the chances of having your PERM application audited are higher, and this scenario will push the PERM processing time even further. In that case, you won't have enough time to have it approved. I'm also assuming that no further government shutdowns will occur while your PERM application is being processed. Otherwise, additional delays will occur. This is the worst (and sorry) most likely case scenario.

Another thing: In case your PERM application gets audited, and since you're on the 6th year, you'll only be able to extend your H1B for another year if your PERM application is pending for more than 365 days, and by September of 2014 your PERM process will be pending by less than that. In that case, you'll need to consider spending some time abroad before the end of your 6th year so you can recapture this time and be able to extend your H1B for another year.

I might be wrong, but your plan of switching from H4 temporarily and then switching back to H1 have very small chances of success. The switch from H1 to H4 alone will raise so many questions that it might be get denied right off the bat.

Besides, you'll need to spend one year outside the U.S. to get a new H1B, and therefore I believe it will be easier if you work abroad for a year, and then come back with a fresh new H1 or L1 if you can work with the same employer from abroad (Assuming the employer has offices in another country).

I don't mean to discourage you, but if I were you I would work with the worst case scenario, and explore with your lawyer and employer the option of working a couple of months abroad so you can recapture this time to extend your H1B for another year in case your PERM process is pending due to an audit.

Good luck!

[talktome]

Same question as thiru7 above

@thiru7. You are far better. Mine was applied 4/7/2013 under EB2 and Sept 2014 is the date when 6 yrs would complete. And iam still waiting my labor approval.
my attorney says iam not an outlier and all other people for whom the company applied during that time were still pending approval.

Iam looking for some advice as well.

Appreciate all your response.

HI FRIENDS,

My PERM was filed on 10/25/2013 on EB2 category. When do you think I will get my PERM approved.

My 6th year of H1B will end on September 2014.

Do I have enough time. My attorney office says current processing time is 9 months......If I am not able to get it approved in time, can I go to H4 visa for a while and then comeback again to H1 with the same employer.

Appreciate all your response.


Regards,
Thiru

[rohit1183]

Hi,

I am in a similar situation and need some information.

My 6 year max out period is in Jan (1/22/2015) but currently my H1/I797 is till Dec (12/21/2014). My PERM was filed in last dec (12/03/2013) which is before 365 days.

Considering that the PERM processing times are very high and at present it is in July 2013, I am doubtful that my PERM would be approved on time.

What options do I have considering my H1 extension? What would be a good time to file the extension and should we wait to get the PERM approval?

Thanks and Regards,
Rohit

[kevinkho]

My situation is similar but I would like to get some inputs.

My 6th year will end in August 2015 dispute my H1 will expire in April 2015. My current employer just appoints a firm to follow up on my PERM and the attorney told me that the firm will file the PERM sometime in June or early July 2014. Will I be able to get my PERM approved before April 2015? Or can I get an extension of my H1 for another year if the PERM cannot be approved before April 2015?

[suep]

Thiru - Did you get your perm approved? Mine was filed on 9/7/2013, I am moving from EB3 to EB2.

[thiru7]

Hi Guys,

I got my PERM approved on May 13th. There was no audit.Now in the process of filing for I-140.

It has just taken 6 months and 13 days for approval.

Thanks,
Thiru

[Jps]

Thiru - Did you get your perm approved? Mine was filed on 9/7/2013, I am moving from EB3 to EB2.

Mine was filed on 09/30/2013 -EB2, still waiting

[venugeesala]

When did you get the perm approved? How long did it take you to approve?

When did you get the perm approved? How long did it take you to approve?

[kevinkho]

When did you get the perm approved? How long did it take you to approve?

Mine was filed in mid-July and approved before Christmas. It was around 5 months.

[darkprince]

Hi,
Was EB2 done by same company? If not, did your prev company didn't revoke or attempt to cancel the GC?

Thanks!!

My application for PERM was dated April 31st 2013 and I just got approved last week. So, it has taken 9 months. It was filed under EB-2 category. I have a Masters in US with 12 years work experience in US.

I already have a EB-3 priority date of 2006 and the intention is to capture that old date. Luckily no RFE's were issued during this PERM process.