There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
USDOL has posted the following FAQ
1. Under what authority can the Department of Labor's Office of Foreign Labor Certification select an employer's application for supervised recruitment?
7. What documentation and/or notice is needed when an employer undergoing Supervised Recruitment changes its attorney/agent?
Here is a set of questions posed to me recently by one of our clients:
I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?
The status is still in process now. I would like to know if this PERM LC still has any goods for him. Let me know the pros & cons between withdraw it and not withdraw it.
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Review | December | 2013 |
| Audit Review | January | 2013 |
| Reconsideration Requests to the CO | June | 2014 |
| Gov't Error Reconsiderations | ||
| Processing Queue | Request Date | Status* |
|---|---|---|
| H-1B | April - 2014 | Current |
| H-2B | May - 2014 | Current |
| PERM | April - 2014 | Current |
| Submission Date | ||
| Redeterminations | H-2B May - 2014 PERM/H-1B - April - 2014 |
Current |
PERM Processing Times (as of 4/16/2015)
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
|
Analyst Review |
October |
2014 |
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
My I-140 was filed in February 2004. The National Visa Centre, in its letter dated 24th June 2010, informed that they had completed processing of my petition seeking immigration to the USA and had forwarded it to the American Embassy/Consulate at New Delhi. I was informed that an immigrant visa interview had been scheduled at the US Consulate, New Delhi on the 9th of August, 2010 at 10.45 am.
Q. Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
U.S. Department of Labor, ETA-Office of Foreign Labor Certification Announcement:
PERM Processing Times (as of 11/07/2014)
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
|
Analyst Review |
June |
2014 |
|
Audit Review |
April |
2013 |
|
Processing Queue |
Request Date |
Status* |
|
H-1B H-2B |
September - 2014 October - 2014 |
Current Current |
|
PERM |
August - 2014 |
Current |
|
|
Submission Date |
|
| 1. |
Legal Fees: In consideration of professional services rendered and to be rendered, employer and/or beneficiary agree to pay legal fees as follows: Stage 1: PERM (Labor Certification) |