PERM - Labor Certification

PERM processing times

I filled my PERM application at the beginning of May 2009 and my employer check the status of the application and it still says "processing". According to the processing dates shown in your website, they are reviewing August 2009, What that means? Why my application has not been approved or denied?

The information shows an approximation. Times vary. If your application goes into a review and audit, it can take 2-3 years.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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DOL Updates – 06/30/10

Prevailing Wage and FIFO (First-in, first-out order) 

All wage requests are being processed in less than 60 days. First-in, first-out order (FIFO) is being used.  Requests for H-1B/PERM are processed in FIFO order as there is only one queue. The goal in the end is to process all wage requests continues to be 60 days.

Immigration Law : 
Agency: 
Nonimmigrant Visas: 

Labor certification and DV

I am a 2010 DV Lottery winner whose number is projected to be current in August 2010. My employer has started the first stages of the labor certification process. The job has just been advertised. They decided to go on with the process and will stop it when I have the green card in hand. When I go for the DV interview through Consular Processing, will the labor certification process negatively affect my chance to get the DV green card? Will there be any problem? Should I stop my employer from continuing the labor certification?

I see no problem at all with the two processes proceeding concurrently. I always advise people to concurrently file green card through all categories under which they can qualify.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for M Jawad ULHaque, United States

Name: 
M Jawad ULHaque
Profession/Occupation: 
State: 
Illinois
Country: 
United States
Comment: 
I recently had my labor certified. I am so glad that my GC process is going thru this firm. Everyone is so professional. Specially I would like to mention Vijay Durgham’s name. He is a very thorogh and dedicated person. He was always accomodating and whenever I had any question he was there to answer. I would recommend anybody who is looking to hire a firm for there GC that go ahead with them. These guys are good.!!

PERM - reduction in work hours, wages

I was in the fulltime employee in H1B and filed for the PERM application. after one year and approval of Perm application, The employer reduced my working hour from 1.0FTE to 0.8FTE and filed my H1b extension for the seventh year. My question is that, Is there any affect on my PERM application or in the future I-140 and I485 applications.

Reduction of hour from full time to part time can raise issues about the availability of qualifying job (full time, permanent) for green card purposes. In addition, this can be a violation of H-1 laws. I suggest you speak with a lawyer.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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PERM when company has freeze in hiring

PERM process says they should advertise in the paper. What if company has freeze in hiring in certain areas because it already has enough. If they wanted to do GC for its employee, how will the process work.

Technically, the employees on H-1 are only temps. Those positions are available. Recruitment is conducted against those permanent positions that are currently occupied by temporary workers.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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EB-2 Eligibility

Had a question regarding the EB-2 eligibility.My Perm was recently approved in EB-2 category.Had a question about education before we file the 140. I've a bachelors in Computing from UK which was a 3 year course and after that I have a Masters from UK in the computing which was a 1 year course. My question- is this qualification eligible of the EB-2 category. Just want to ensure that there is no RFE in 140.

Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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