Too Early/Too Late to Start the PERM Process

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions relating to timing issues when starting the PERM process.      

 

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[permaudit]

Is there a definitive timeline, to apply for GC? To my knowledge, GC is an independent process and is regardless of the status you are currently in the US. To be more specific, Can someone on F1, H4 apply for PERM and 1-40 while maintaining the same status? (I know Employment based GC is primarily on the position available, but wanted to understand the nuances of PERM and I-140 as it stands)

 

Also, Lets say I have I-140 approved with Company A and am on H1B with the same company. Can Company B apply for PERM and I-140 for me, even though I don't work for them and later join Company B once the porting(PERM and I-140 approved by retaining the Priority Date) is done via H1 Transfer? At this point will Company A I-140 be still valid, so that I can return if need may?

 

Thank you!

[Attorney_22]

Despite all the frustrations of the PERM process, a helpful aspect is that it is for a future position when the green card is received. Therefore, you can be working for one employer and a different employer can sponsor you in the PERM process. Generally, an individual can be in almost any status and start the PERM process. However, there are specific limitations/benefits for each, such as F1 having strict nonimmigrant intent (at this time) which may contradict stages of the green card process, and H1B beneficiaries being able to extend their status beyond the normal six year limitation based on where they are in the process.  

 

The best approach is to start as early as possible since the process can take a very long time. However, at a minimum, if you are in H1B status you want the PERM application to be filed at least 365 days before the start of your last year in H1B status (6^th year). I hope this is helpful. If you would like to discuss your personal circumstances feel free to give our office a call.  

[rahul412]

So if the PERM is for future employment, how can one determine what will be his/her pay after getting the GC when their is no way to calculate when that person's PD will be current?

[Attorney_22]

That is one of the interesting conundrums of the PERM process: PERM is for future employment, but the prevailing wage determination takes place currently.  

[rahul412]

That is one of the interesting conundrums of the PERM process: PERM is for future employment, but the prevailing wage determination takes place currently.  

That's not a conundrums, that's the result of following outdated rules and indication that immigration rules has to be changed.

Interesting fact is that none of the law firms think in this way and talk about more immigration.