PERM under eb2 in 6th year of H1B

[Pupa]

Hi,

I'm posting on behalf of my husband. He has total 10 years of experience in IT with BS degree. He is currently working in a reputed semiconductor company in california and he is in his 6th year of H1B and its going to expire in DEC 2012. His company has started his PERM processing under EB2 and wage determination request has been sent to DOL on march 5th. What are the chances of getting approval before his H1B expires? He is doing well in his current position and he is not willing to go back to India at this point. How long does the entire process from PWD-->recruitment--->Labor certification-->I140 approval- is going to take and is it really possible to get the approval before DEC? what are the chances of the audit in his case since its "BS+5 years under EB2" case? please help, we are in great confusion!

Thanks in Advance
Radhika

[mrmoulik]

Hi, I am in the same situation as your husband is. I do not need to add anything here since my situation exactly matches here with the only exception that my PWD was filed on Feb 2012 and my 6 year H-1B expires on Nov, 2012. Looking forward to some reply to our posts.

[goomail]

H1 post max out extension is possible only if,
1. PERM was filed before more than 1 year to the H1 max out, if not
2. PERM and I140 should be approved before H1 max out.

In both of your cases, PERM was not filed before one year to the H1 max out. So you must get PERM and I140 approval before the H1 max-out. Otherwise, you might need to leave US.

[ashman2012]

Hi,

I'm posting on behalf of my husband. He has total 10 years of experience in IT with BS degree. He is currently working in a reputed semiconductor company in california and he is in his 6th year of H1B and its going to expire in DEC 2012. His company has started his PERM processing under EB2 and wage determination request has been sent to DOL on march 5th. What are the chances of getting approval before his H1B expires? He is doing well in his current position and he is not willing to go back to India at this point. How long does the entire process from PWD-->recruitment--->Labor certification-->I140 approval- is going to take and is it really possible to get the approval before DEC? what are the chances of the audit in his case since its "BS+5 years under EB2" case? please help, we are in great confusion!

Thanks in Advance
Radhika

PERM can take anywhere from 90-150 days. Once your PERM is approved, file for I140 in premium processing (~$1500-1700) and you will get results in 15 days.