PERM Processing while in India

[theAspirant7]

To begin with, I am sincerely sorry if this is a duplicate of another posting. I looked through the forums, but could not find any post that answered my question.

 

Situation:

Application: PERM

Category: EB2

Priority Date: 09/21/2013.

H1B situation:

Expired on 12/28/2013, but moved out of US on 12/4/2013.

Current Situation: In home country.

 

 

Hi,

I was joined my current employer in Jan 2013 (My H1B expiry date was 12/28/2013). My employer filed my PERM in 09/21/2013. While the application was in process, they asked me to move to India (offshore office) until the application got approved.

In order to leave some buffer time, I moved out of the US before my expiry date (on 12/04/2013).

 

I have been checking with my employer and they've been saying that the PERM application is still in process. I have asked for the case number so I can follow up personally, but they've declined saying that the PERM application contains confidential company information.

 

My questions are:

1. Is it normal for a company to not share the PERM case number? I have seen some posts where PERM case numbers have been shared with employees. Is this a cause for concern? Is there any other way I can get the case number?

 

2. Is it OK to stay in India while my PERM application continues? Isn't it necessary for me to be in the US while the PERM application is being processed? My employer's immigration team told me that it is OK to be out of the country until a decision is taken on my PERM, but a couple of my friends have said that the PERM application would be put on hold if I go out of the country and will eventually expire if I don't come back.

 

3. Given that I came out of US before my H1B expired, will I still have to stay for 365 days out of US (in my home country) before a H1B application can be filed again? Will my PERM application have anything to do with this?

 

I am really concerned about the state of my PERM application. I have reached out to the immigration team repeatedly and the only thing I hear is that it's in process. I do not get any reason for delay, if there has been any audit...nothing!! I do not have the option to transfer to another US employer either and am confused about what options I have at this point.

 

Any inputs in this regard will be highly appreciated.

Thanks much,

theAspirant7.

[theAspirant7]

Does anyone have any inputs on this? I am really concerned about my application and am sincerely hoping for some guidance.

[rahul412]

1. Sharing PERM application details is up to your employer. It's not mandatory to share the case number

2. No that's not true. PERM is for GC application which is for FUTURE employment. That means you don't need to be in US for PERM processing.

3. You have only 24 days of your H1 period. Once your I140 is approved, you can file for ext immediately, no need to stay 365 days. You can also file for H1 ext if your PERM is pending for more than one year.

[theAspirant7]

Thanks a ton @rahul412. This was really helpful.