PERM - Labor Certification FAQs

How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification?

Authored on: Wed, 11/30/2022 - 06:54

Question

1) How long does one have to wait in total if the company applied for PERM (EB2 - MS CS degree), and THEN Concurrently applied for I-140 (premium) and I-485 and the country of birth is UAE?

2) Can the above be done on an F-1 (OPT + STEM OPT) Visa instead of an H-1B? And any potential issues for F-1 in this case?

3) In this scenario, how would it work if the person also submits NIW in parallel with PERM?

 

Answer

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PERM issues for a green card for remote jobs - headquarters

Authored on: Wed, 11/30/2022 - 06:47

Question

I am currently on an H-1B visa and working remotely. My h1b petition has two addresses, home (VA) and office (PA). The office headquarters is in NJ.

My employer filled PWD in Mar2022 which got approved in Oct 2022. When I reached out to them for the next step, they mentioned that there were some issues with the previously filled PWD, so they had to refiled my PWD in Jul2022.

Based on my discussion, I came to know that they did not mention the main headquarters address, which is in NJ, and put the address of the PA office, which is in my h1b petition. They said because I am a remote employee, they are supposed to put the address of the headquarters.

Q1: Are we supposed to put the headquarters address when we file GC for a remote job?

Q2: Are we supposed to put the headquarters address when we file h1b for the remote job? Or is any office ok?

 

Answer

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Filing second I140 after 180 days of PERM validity

Authored on: Fri, 11/25/2022 - 07:15

Question

I filed my I140 with 180 days after Perm is approved. But after that, the I140 is denied and my Perm is expired. Can I fresh file I140 again the my expired Perm. Thank you.

Answer

There may be a typo in your question. If the first I-140 was filed within 180 days of the PERM validity period, the second or subsequent I-140 can be filed outside the 180 days. No problem.

7th year H-1B extension with pending PERM

Authored on: Thu, 11/03/2022 - 05:39

Question

My H-1B maxout date is Jan 2023. Perm process started in Sept 2021 (prevailing wages). FOr the 7th year extension of H-1B, is the PERM priority date (Aug 2022 for me) considered or the date for when the PWD and recruitment was initiated.

Answer

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I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Authored on: Tue, 09/20/2022 - 06:44

Question

I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Answer

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The H-1B remainder option: Calculating recapture of H-1B unused time

Authored on: Tue, 08/30/2022 - 07:01

Question

I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?

(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?

Answer

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For PERM, can I use my master's degree completed after I joined?

Authored on: Tue, 07/12/2022 - 03:47

Question

My master's degree was officially completed after joining my current company, but I had already earned 54 out of 57 total credits of my master's degree before joining this company. So, can I use this master's degree to satisfy job requirements for my GC sponsored by this company?
 

Answer

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Experience & education requirements for a PERM/labor certification-based green card

Authored on: Tue, 07/12/2022 - 03:42

Question

1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low?

2. What could be decent experience & education requirements for a job to successfully get an employment-based green card.

3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new job and employer where my green card can be filed based on my current higher qualifications?
 

Answer

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How can we expedite the filing of a PERM application?

Authored on: Tue, 06/28/2022 - 03:13

Question

In order to expedite the PERM process, is it possible to do recruitment in parallel with PWD?

Answer

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How can we keep the immigration benefits of an approved I-140 (priority date and the right to extend H-1B beyond six years through any employer)?

Authored on: Tue, 06/28/2022 - 03:02

Question

Three months after the I-140 approval, I moved from the location of employment given in my PERM application. I will stay with the same company for 180 days after the I-140 approval. To keep all benefits of an approved I-140 after I change employers, what do I have to do? What is the impact of the change of location? Do I have to prove my intention to keep the job permanently? Will the USCIS revoke the I-140 because of the change of location or if I change employers?

Answer

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