Duration of Green Card Initiation

[BradleyR85]

Hello,

My H1 B 5 yr cap ends in Nov 2013. My employer promised to start Green card processing but the process has not yet initiated. I want some details to provide to my manger to speed up the process.

Once the wages is started, how long does it take(roughly) until the labor gets approved?

How long does I-140 take to get approved?

Thank you

[t75]

He should be consulting an attorney and NOT taking advice from you. The attorney may have advised that PERM is unlikely to be approved or there may be some other business consideration.

[venumssi]

Yes. Green card and Immigration related visas are too hard without family members and with H1B visa holders.

[BradleyR85]

I spoke to the attorney myself and there seems to be no issue of that kind. The only issue is that the process is delaying a bit and the information I am requesting is to provide my manager with some information on the duration of the process so that he can speed it up.

[t75]

It is NOT up top you to advise your manager on immigration matters. He can have that discussion with the corporate attorney. If you do not like how fast he is moving, find a new job or go home.

Do you not understand that YOU should not be involved in this process other than to provide your employer or the attorney requested information.

[Jyothis]

read

PERM Labor Certification Process and Timing (Part I of 2)

PERM Labor Certification Process and Timing (Part 2 of 2)

You can file for 140 in premium which technically should be decided on within 15 days or so.

[catx]

t75, while what you posted is true, and the company (manager) can get the information from their attorney, it is smart for an employee to be educated about the process. An employee can have reasonable and legitimate conversations with their employer about their immigration status as it directly and materially effects the them. At same time such conversations do not have to do with getting involved in the process.

I started by consulting with an immigration attorney on the general permanent residency (green card) process. With my employer, after a customary probationary period, I initiated a request to my manager for him to internally approve the company proceeding with my permanent residency and pay the associated expenses with a notation about the key time frames. I then received a several page information letter and questionnaire from the company's immigration attorney. The letter explained the general process and the questionnaire dealt with my general background and request for documentation such as resume, college degree, passport and I-94 copy, previous immigration information. The company immigration attorney and my manager would follow up with me about the status (and of course when my signature was needed on a filing document). I would occasionally also make general inquiries. These conversations and communications consisted of things like the job ads have been placed, we are reviewing the responses, the PERM labor certification application was filed on this (priority) date, your the PERM labor certification application has been approved and we are preparing your I-140 petition, your I-140 petition has been filed on this date, your I-140 petition has been approved (but currently it will probably be several years before your priority date is current), and also notifications like your H-1B visa and I-94 will be expiring in 6 months, we are preparing your H-1B visa extension. None of this had to do with any details of the process, and everything has been 100% paid for by the company.

Back to the original question. The PERM labor certification application takes a few months to prepare with the required prevailing wage determination (PWD), recruitment efforts and analysis, etc. After filing, PERM labor certification applications are currently taking 4-5 months to process if there is no audit (which adds several months to the process). After PERM labor certification application approval it takes a few weeks for the employer to receive the certified copy required for the I-140 petition. The I-140 petition regular processing time is currently around 6 months if there are no RFEs (which of course add time to the process). I-140 petition premium processing takes 15 days unless there is a RFE. Bottom line, it generally takes 12 to 18 months from start to approved I-140 petition if there is no audit or RFE(s).

[t75]

Being informed in one thing but initiating a conversation with the emnployer is another especially since the employer has made it clear that GC processing is under consideration. If I were a manager and a subordinate "pushed" me, he would be looking for a new job.

[catx]

Being informed in one thing but initiating a conversation with the employer is another especially since the employer has made it clear that GC processing is under consideration. If I were a manager and a subordinate "pushed" me, he would be looking for a new job.

I guess I would be out of a job if I worked for you. It is perfectly okay for an employee to initiate a conversation with their manager regarding something that directly effects them, and even nothing wrong with "pushing" an issue.. What about the aged old tradition of asking for a raise? The key is respect, and approaching the discussion in a reasonable, objective, professional manner.

I routinely have candid discussions with my manager and will challenge him on issues.

Also, when I was a project manager I not only encouraged, but expected my team members to challenge me and my decisions. As professionals this process inevitably lead to better decisions. Again the key was mutual respect for each other and never making it personal.