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Urgent: Need advise on PERM filing

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  • Urgent: Need advise on PERM filing

    Hi
    I am currently working in H1B work permit and my 6th year ( including recapture dates) expires on Feb 24th, 2013.
    Current employer A has started GC related recruitment process and planning to apply PERM in EB2 category by end of this month.

    In the mean time, i have received a new offer from employer B, who are ready to sponsor my H1B transfer and start Green card process right away.
    Queries


    1. Advise if employer B can start the mandatory recruitment process right away, even before transferring my H1B to employer B, that way it will be faster, but nor sure if its acceptable.

    How long does the recruitment phase should last ( is it 60 or 90 minimum days)
    2. Could you please advise if i have sufficient time to get 3 YR H1B extension through GC (PERM) process applied by Employer B.
    Confirm the GC steps
    A. LCA (1 week)
    B. H1B transfer ( 2weeks)
    C. Recruitment phase ( 60 days)
    D. PERM ( 30 days)
    E. I-140 ( Premium - 2weeks)
    F. H1B filing..
    Lets say, i get my I-140 approval on Feb 20th, 2013 and my H1B -Premium processing is filed on Feb 22nd... then am i still in H1B status even after feb 24th, 2013 as i will be having USCIS Receipt..

    3. Also, my spouse is in F1 status and OPT will start by Jan 2013. Just in case, my Labor is still pending by end of Feb 24th, 2013, call i do COS to F2 in the month of Feb 2013 and stay in US, till my I-140 is approved and then convert back to H1 once my employer B files for H1B extension through PERM process.

    4. After doing COS to F2, am i still eligible to get H1B-extension through PERM process sponsored by employer.

    5. Currently, employer A is planning to start my PERM this month end, plz advise how long does it take to get labor approval and any advise if 5 months is enough to get labor, I-140 (with Premium processing) approvals.

    Thanks for your time, my queries are time sensitive, your quick response is greatly appreciated.

    have a nice weekend

  • #2
    Hi

    Any update from the viewers is greatly appreciated.

    Thanks

    Comment


    • #3
      Hi,

      I am NOT an expert but will try to answer based on my experience of PERM and H1B.
      The PERM approval of 60 days(not 30 days) is best case possible WITHOUT AUDIT.

      Trust me 80% of PERM applications will be AUDITED just to get more time for them to clear the pending applications.

      Below are my case details for you to make your conclusion on PERM.

      Priority Date: 6/30/2012
      Audit Date: 8/31/2012
      Audit Query: 9089 - self signed and a document mentioning I did not made any payments for my GC processing
      Audit response date: 9/27/2012

      My H1B maxout is May 2013 still I have very little hope that my I140 will be approved and getting an extension on my H1B.
      I wish your case will fall under the 20% PERM applicants who don't get AUDITED.

      Good luck !!!

      Comment

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