Originally posted by chi83930
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Visa type changed during PERM process
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Originally posted by chi83930 View Postit's really important to keep an eye on your visa type when you're in the middle of the PERM process. If you end up changing your visa status, remember to give your employer a heads-up and go through the process of filing a fresh PERM application., It might sound like a hassle, but it's a crucial step to make sure you're on the right track for that coveted permanent residency in the US.
Sorry reply came a lot more later.
No worries about the delayed response, and you're absolutely right about the importance of monitoring visa status during the PERM process. Keeping your employer informed about any changes in visa status and being prepared to file a new PERM application is indeed crucial. It might seem cumbersome, but it's essential for ensuring a smooth path towards permanent residency in the US. Your advice is very valuable for anyone navigating this complex process.
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Originally posted by rkk09 View PostHi,
Please see my response below.
should I amend the H1B visa location or should I amend any location details mentioned in the PERM form 9089?
Answer: According to H1B, If there is any material change then you will need to file an Amendment. But, GC is future Employment. Upon approval of GC, you will be started working on concern location. If there is any change on that then you will need to run new PWD and PERM. You can not amend PERM Application.
Or will my employer need to file the 9089 all over again mentioning work location as location B?
Answer: Dont just compare with H1B location. Both will have different track. If any location change at present then file H1B Amendment. If any location change will happen in future then you will need to run again PERM filing.
Or at PERM stage does the location fields hold no value?
Answer: it will be valid at the time you get GC.
ThanksLast edited by pratik69; 09-29-2024, 04:48 AM.
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Originally posted by Leyo01 View PostChanging visa types during the PERM (Program Electronic Review Management) process can impact a foreign worker's eligibility for permanent residency in the US. If a worker's visa status changes, they must notify their employer and file a new PERM application
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- PERM Application: The PERM process is typically initiated by your employer to obtain labor certification from the Department of Labor (DOL) for your green card application.
- Visa Type Change: If your visa type changes during the PERM process (for example, from H-1B to L-1 or vice versa), it could impact your green card application. Each visa type has different requirements and implications for immigration status. Check iBomma , iBomma , Click Here.
- Impact on PERM: Changing your visa type could require your employer to file a new PERM application if the job details, such as job title, job duties, or location, significantly change. However, minor changes, such as an extension of the same job, may not require a new PERM.
- Consult an Immigration Attorney: It's crucial to consult with an immigration attorney if your visa type changes during the PERM process. An attorney can assess your specific situation and advise you on the best course of action to avoid delays or complications in your green card application.
- Adjustment of Status (AOS): If your visa type changes and you are eligible for adjustment of status (AOS) to a permanent resident, you may be able to continue the green card process without filing a new PERM. However, this depends on various factors, so consulting an attorney is advisable.
Last edited by cowboy87; 05-02-2024, 01:08 PM.
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The change in visa type during the PERM process can significantly impact the application timeline and requirements. If there is a shift from one visa category to another, it is crucial to review the new visa's eligibility criteria and ensure that all necessary documentation and steps are updated accordingly. This transition might require additional approvals or modifications to the PERM application to align with the new visa status.
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Hi everyone,
Regarding your question, if there is a material change in the H1B visa location, you will need to file an Amendment. For Green Card (GC) applications, the location is considered future employment. Once the GC is approved, you'll start working at the specified location. If there's a change in the job location after GC approval, you'll need to initiate a new Prevailing Wage Determination (PWD) and file a new PERM application, as the PERM application cannot be amended.
Thank you!
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During the PERM processthe visa type was updated to better align with the applicant's current status and qualifications. This change ensures compliance with immigration requirements and reflects the applicant's evolving circumstances. The adjustment will be accounted for in the ongoing application review.
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