PWDs


rrr2008

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The DOL has estimated that it will begin issuing PWD determinations in October 2011. The Murthy Law Firm is estimating that PWD processing times will be back to normal by December 2011 or January 2012. Our firm will continue to update our readers about any changes or updates with the PWD processing by the DOL.

Should you have any case-specific questions, you may wish to consult a knowledgeable immigration attorney.

The Murthy Law Firm has a well regarded Greencard Department that is well experienced in immigration matters should you wish to schedule a consultation with one of our attorneys.

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Hi Murthy Attorney,

Do you mean to say that even if DOL starts issuing PWD in October, it will be back to Normalcy only in December or Jan ?

I mean wont DOL give any options for so many requests pending for such a longtime at all ? Has this happened in the past and how has it been handled ??? Please suggest

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The DOL has made its decision and they will follow it. There is no gurantees PW's will be started in oct. So this could be delayed for a very long time.

So What are law firms like Murthy or associations like AILA doing to handle this PWD issue ?

Cause if no one represents members like us all of us are going to loose so much valuable time.

Should we all put a law suit against the DOL ?

There has to be some solutions.

I urge the Murthy law firm to take this matter seriously.

just giving us updates on what is happening is not going to help.

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To get H1 extension for seventh year:

1 year - You need to have your PERM approved or if the PERM application has been pending for a year (so you should ideally apply before your 5th year ends)

3 years - You need to have your PERM and I-140 approved.

If I apply for PERM in the sixth year, as DOL is holding the PWDs, to get the extension in seventh year, do we need to have both PERM and I140 should get approved or if the PERM is approved, we get one year extension.

My question is, in the case if we apply for PERM in the Sixth year.

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We are taking this seriously, and are working on various communications on the issue. AILA is in discussions with DOL.

AILA's legal action center recently sent members updated information regarding the possibility of filing Mandamus cases to force the DOL to take action. Of course, employers (as clients) need to be willing to take that step.

It is impossible to estimate when things will get back to normal. The point of the additional months of delay even once things start up again is that a backlog is mounting. So, it isn't like they will be starting "fresh" once they start working on PWDs again. They will be starting from a point that is months behind already.

Agreed that DOL is blatently just not doing its job here.

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Originally posted by koolkash:

The DOL has made its decision and they will follow it. There is no gurantees PW's will be started in oct. So this could be delayed for a very long time.

So What are law firms like Murthy or associations like AILA doing to handle this PWD issue ?

Cause if no one represents members like us all of us are going to loose so much valuable time.

Should we all put a law suit against the DOL ?

There has to be some solutions.

I urge the Murthy law firm to take this matter seriously.

just giving us updates on what is happening is not going to help.

I agree with your concern ( i am in a similar boat) but you think the DOL would be concerned ?

They wouldnt care if a few of us dont get to apply for green cards in time.

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  • 2 weeks later...

Hi,

I applied for a PWD on 05/12/11 and received it on 05/31/11. It came with too high wage and my employer can not agree to pay me that. So we re-applied for a new PWD on 07/08/11 and now I am stuck and waiting for it.

My question is, what if this one also comes too high? What are my options? I don't want to reapply and wait for 3 more months.

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  • 2 weeks later...

Is it true that since DOL is delaying the PWD, the recruitment process (ad posting) should only start after the PWD have been determined? I have heard different attorneys mentioning that they would not advise to start with the advertisement without the PWD. Can't the job ad postings and the PWD wait time go parallel and apply PERM after either PWD arrives or recruitment period ends; whichever comes after. What is the risk of starting with ad without the PWD? Please advise...

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  • 2 weeks later...

Hi,

My company has filed for my PWD on 10/7/2011 and my 5th year of H1B expired on 10/1/2011. The expiration date on my I-94 is 9/13/2012 (Is this normal??).

- Given the current delays in PWD and the PERM process, what are the chances that I will be able to renew my H1-B on time?

- I have around 2 months of re-capture time. How early can my attorney apply for the re-capture time?

- If I get my labor certification before the I-94 expiration date, can I extend my stay in the US?

Please advise.

Thanks in advance.

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