RMPkm Posted August 19, 2016 Report Share Posted August 19, 2016 My PD became current in June 2015 (I-140 approved & NOT revoked by old employer, PD March 2004, EB3), ie within 2 months after I switched employer. In March 2016, I again changed to my current employer, which is a start-up, with a staffing business model (not the regular IT staffing, but for a specialized industry with high demand). If it makes a difference, the startup is a white-owned firm and I'm the only employee. Now, it's already been 15 year wait for the GC. My current employer is ready to start my PERM process asap, and this position is most lucrative at the moment, from a career & financial perspective. Meanwhile, I also have a couple of offers from larger companies with not just lesser pay/ career growth but that will also start the PERM process ONLY after a 1 year wait period. The only kicker seems to be that they're not a start up, hence there is no risk to my immigration status. I hear that the USCIS may not look favorably towards PERM applications from startups. I believe there may be additional queries. Being a staffing model startup, no external funding required, the owners have large personal wealth - so ability to pay is truly not a problem, in fact they'll pay me more than the larger companies. My questions about my current startup employer initiating the PERM process for me are - 1. Given that there were no issues with the H1 petition to change employers, and they showed their ability to pay me in the H1 petition - should I be concerned that there will be any concerns? The immigration lawyer says, as long as the employer has been paying the paycheck (which is at the time of filing PERM) on time, there shouldn't be any concern. 2. Apart from ability to pay, is there any other concern that may be unique to a startup or service/ staffing model business that is sponsoring GC? Such as, should they demonstrate stability, etc? 3. Is there a risk of PERM being denied/ application being rejected? If yes, what are the reasons that this usually happens? Appreciate your responses. If I already had a GC/ Citizenship, I would stick with my current employer, because that's best for professionally, and personally. However, I want to keep immigration in my mind - because, the last time I changed jobs for career growth, I screwed up & missed the bus. I didn't realize that my PD would become current in just 2 months! Even during the brief 2007 "all PDs current" phase, I couldn't apply because I was getting married in a few months. Regards RMPkm Link to comment
pontevecchio Posted August 22, 2016 Report Share Posted August 22, 2016 Did you file for AOS in July,2015? Link to comment
startuph1b Posted August 23, 2016 Report Share Posted August 23, 2016 RMPkm - I am in the exact same situation and would like to connect with you. What is the best way to connect with you? Link to comment
startuph1b Posted August 24, 2016 Report Share Posted August 24, 2016 RMPkm - I am wanting to do the exact same thing. Please share your h1b experience in more detail. Was it approved in 1 go or there were RFEs How long the startup has been in business. As far as PERM is concerned - do you have any equity in this company - I have heard that having equity/ownership creates trouble. Link to comment
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