PERM - Live Discussions from our Forums

can two different companies file LC for the same person at the SAME time?

will the DOL notify the first employer that the employee has another LC pending.

I am going to be RN in December 2009 and will be on OPT for an year. I heard that there is special category called Schedule A for Nurses/Physical Therapist who can get green card fast track in 8-9 months.

I heard two things.

1. In Schedule A there are 10,000 quota every year first come first basis starts from Janaury. Once that filled up they transfer your application in EB3 category but if you are lucky one in that 10,000 than you will get your GC in 8-9 months.

2. Nurses can apply in schedule A but they put all application in EB3 category. Only benefit will be labor and I-140 stage gets faster in 3-4 months but after that you have to wait for dates to get current to apply I 485.

Anyone who have info please share or website to dig out. Badly need help.

Appreciate your help in advance.

Hello,

Is it possible to file 2 perm applications by the same employer for same employee in two different classifications(EB2/EB3) for different job occupations?

Thanks

I haven't got any info. about the progress?

Does anyone have any info. on this? Thanks a lot.

i am trying to digest information provided on the icert.doleta.gov, in the middle of the page it lists PERM Processing Times, as of posting this message it states as follows:
PERM Processing Times
(as of 09/30/2009)
------------------------------------------------------
Processing Queue-----------------------Priority Dates
----------------------------------------Month - Year
------------------------------------------------------
Final Reviews--------------------------December 2008
Audits---------------------------------October 2007
Standard Appeals----------------------August 2007
Gov't Error Appeals--------------------------Current
------------------------------------------------------

here is a brief background on my Perm and a question follows.
Background:
my Perm was filled on Nov 19 2008, we received an audit on Sept 8 2009 and replied for audit on Sept 22 2009.

Questions:
According to the timeline posted above and my background as mentioned where does my PERM application fall, do i have to wait for 1 more year for my priority date to come before Audits for approval/reject? or it depends??, i am confused.:confused: please respond.

Hi,
My PERM (EB2) started Nov 2008, and was audited in May, 2009, now the case is still pending...
Yesterday I reviewed my PERM application again, found that the SWA prevailing salary request (level 3) is:
Level 3 Wage:$38.34 hour$79,747 year
but my offer letter's only $77000/year + $23000 bounus/year,
I contacted my lawyer and HR, they think it is an issue and they agree to change to 80K salary +20K bonus. but I think we also need to inform Atalanta DOL for the salary correction?

Am I right? How can I do?

Thank you very much.

Jerry

My PERM was filed by my company only yesterday 10/20/09 and my H1 expires (6 years) on 02/21/10. I did not leave US anytime during my H1 and hence there is no time for recapture. My employer says that PERM normally takes 6-9 months to approve and I should travel back to India if my PERM doesn not get approved by 02/21/10.

He says that once PERM gets approved (when I am in India) we can file for I-140 and H1 7th year extension on premium through Consulate and I can then travel back.

Is this true? What is the process to do this? Can I travel with my approved I-140 and extended H1 and continue the process from US? Please advice. It is a lot stressful as I am getting conflicting information from different people.

Thanks,
Syed

Hi,
I need advice from experts please.
My company files my PERM in EB3. MY PERM date is 2008. I have approved PERM and 140 in my hand but I can not file I-485 as dates are not current for me. If I file in EB2, my dates are current. I just need PERM approval. I can file 140 and labor together.
I have done my master in USA and have 4 years USA experience + 2 years outside USA.
Can I file my PERM with the same employer? what are the complexities in it? Should I file through another employer as future employee.
Please guide where is less risk involved. I am not interested to change my employer and they are also willing to adjust it.
Experts answers will be appreciated.

I recently got a denial on my audited labor case after 2 years of wait. I had already applied my H1-B 8th year extn on the basis of my pending labor in premium mode. My luck was such that my labor was picked up and denied a day after the H1-B extn was filed.

Questions?

Since the basis of the H1-B extension was pending labor, I think USCIS will reject the extension unless I get lucky.

If I appeal against the denial, is it possible to go back to USCIS to give the H1-B extension on that basis?

DOL site says "standard appeals" is Aug 2007. Does this mean cases of 2007 or appeal filed in 2007 for an earlier denial?

Reason for denial of labor:

Company name was not filed in job advertisement
Job location not specified in the ETA form.

These seem too trivial but nevertheless they sent this in the denial.

My company is looking into the paper work to determine that the above information was mentioned in the application?

Your help/input is highly appreciated in this

Just looking for a reasonable (in terms of fees) good attorney to start Green Card process in and around Washington D.C Metro area. I know this Rajiv's site, but he seems very costly ($450.00 for 15 minute phone call) even for initial consultations. I would like to talk to somebody before handing over my case. Can somebody share their experience. I would really appreciate.

My Lawyer told me that there is no way that we can track the status of my Labor Certificate.
We applied for it in March 09.
Please let me know if this is true and what else can i do.
Thanks

I started my Green Card application process about 5 years ago. my priority date is 2005. Can I live outside the US while my GC is processing? Would I need to submit a notice of absence or change of address?

Hi all,
Any advice will be appreciated regarding my fresh green card process:

1995-97 - Studied in India equivalent of US BBA (Major: Computer Information Systems)
1997-02 - Worked in India as software developer
2003-05 - Studied in the UK equivalent of US MBA (General)
2005-08 - Worked in the UK as a software developer
---
Should my employer advertise for EB2 or EB3 for my case?

Thanks in advance.

Hi there,

I am a software developer.

My education is US equivalent of
BBA (Major: Computer Information Systems)
MBA (General)

Can I go for EB2 even if my masters degree is general? (Considering I am a software developer)

Thanks for your help.

Hi,
My employer is processing an EB2 labor certification (Bachelors + 5 years). They have 3 to 4 job openings in varying requirements. Which is the best one for me to get the lowest prevailing wage out of all so that it matches my current low to medium wages.

the employer did a Prevailing wage determination last month from local SWA and it came close to $92,000 per year.
The job got classified under level 4
These are the details of the prevailing wage request that resulted in $92,000

Job Title: Software Engineer
Basic Hours per week: 40
Job duties to be performed:
Design and development of software projects using microsoft ************. Develop/Maintain internet/intranet applications like web portals/website and desktop applications using Visual Basic/SQL Server. Develop/Maintain web services for internet applications. Develop/maintain webpages for websites. Define entities and draw entity relationship diagram using UML for software applications. Debug/Test the development software applications.
System analysis/Design/Development/documentation of new software projects. Deployment and technical su

Minimum Education,Training,Experience & other special requirements for the job

B.S. in Engineering field for Computer science with 5 years experience as a software engineer/technical consultant

These are the results from prevailing wage determination

O*Net: Computer Software Engineers,Systems software
O*Net code: 15-1032
Skill Level : 4
Source: OES Survey

The employer is willing to change the job description (to match another available job) to bring down the prevailing wage and salary level to level 3 instead of the current level of 4
We understand that the 5 yrs exp. requirement is the one triggering higher prevailing wage

I checked the following govt. agency website and came up with a similar profile which could possibly bring our requirement to level 3

http://www.flcdatacenter.com/OesQuick.aspx

OES/SOC Code: 15-1021
OES/SOC Title: Computer Programmers

Level 3 Wage: $37.51 hour - $78,021 year
Level 4 Wage: $43.32 hour - $90,106 year

15-1021.00 Computer Programmers

Convert project specifications and statements of problems and procedures to detailed logical flow charts for coding into computer language. Develop and write computer programs to store, locate, and retrieve specific documents, data, and information. May program web sites.
O*Net™ JobZone: 4
Education & Training Code: 5-Bachelor's degree




JobZone Four: Considerable Preparation Needed

Experience: A minimum of two to four years of work-related skill, knowledge, or experience is needed for these occupations. For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified.

Education: Most of these occupations require a four-year bachelor's degree, but some do not.

Job Training: Employees in these occupations usually need several years of work-related experience, on-the-job training, and/or vocational training.

Examples: many of these occupations involve coordinating, supervising, managing, or training others. Examples include accountants, human resource managers, computer programmers, teachers, chemists, and police detectives.

SVP Range: 7.0 < 8.0

----------------------------------------------------------- TRAINING CODES ---------------------------------------------------------------------------------------

Education and Training Codes for Professional Occupations

Five: Bachelor's Degree
Completion of the degree program generally requires at least 4 years but not more than 5 years of full-time equivalent academic work.

----------------------------------------------------------- TRAINING CODES ---------------------------------------------------------------------------------------

Are 5 job duties enough for PERM/prevailing wage or do we need more? Do more job duties trigger a level 4 instead of level 3?

Depending upon what we get on the new prevailing wage request results we can tweak the newspaper ad by the following
SOFTWARE ENGINEER to COMPUTER PROGRAMMER

I am not sure whether .NET programming , web services etc might trigger a change in job title/salary level in the prevailing wage request.

Please let me know your thoughts for a safe PERM processing. I appreciate your help a lot

Thanks

Can an US employer process the PERM + I-140 applications for someone who is *not* in the United States?

I have BS + MS from an US higher institution. I have worked under H1B in the United States for several years in the past.

I am currently in Brazil, and I would like to return to the US sometime in the future. However, I want to have a US employment based green card prior to returning to the US. I would be flying with family, and I would need to have some security -- which is not provided by an H1B in case I loose my job.

I have an approved H1B petition from a software consulting company that is valid until 2012. I told them that I would need to have a GC process under way before moving back to the US.

My question is: Is it possible for this company to start my labor certification process + I-140 while I am in Brazil?

Thanks,

Rubens.

Hi

I am trying to port my GC from EB3 to EB2.I came out of my old employer and joined a new employer.I am using my EAD.I did not transfer H1B..

For a Labor to be applied a candidate need to have a valid work permit....

I started working on EAD.But my H1B(sponsored by ex employer still valid till next year)

In Perm Process when we try to apply for EB2 which work permit will need to be used...


EAD or H1B(sponsored by ex employer still valid till next year)


Please advise

thanks
kp

Once PERM is filed, must the wage remain the same or can there be an increase?

Hi,

I am a consultant having 11 yrs exp. in IT (presently on H1 B in US) holding a 3 year bachelor degree from India and planning for a GC.
My employer is trying to file me under EB3. I felt with my exp., it would be under EB2. Am I eligible for EB2?

And whats the time it takes for EAD in respect of EB2 and EB3

Thanks in advance.

Hello ,
First of all, this is a great forum and members are really helpful out here!

My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.

The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.

Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?

I had various concerns:

>> Is green card application based on future employment possible, (as in my situation)?

>> GC takes 4-5 yrs to process. What if they decide not to hire me?


>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?


I know its a complex situation and would appreciate thoughts and comments from all users.

Thanks