Delaying of applying for PERM

[lgvisa]

I submitted the documents required to file for the green card almost 4 months back. My employer has not even started to file for the GC process yet. Moreover he says he is going to apply after 2 to 3 months for the labor. I do not know much about the green card process. Will it take such a long time even before applying for PERM?

[omshiv]

well..currently because of the shutdown anways PERM wouldnt process...but you cannot force or push your employer to start your GC process.

[rahul412]

I submitted the documents required to file for the green card almost 4 months back. My employer has not even started to file for the GC process yet. Moreover he says he is going to apply after 2 to 3 months for the labor. I do not know much about the green card process. Will it take such a long time even before applying for PERM?

Currently PERM processing time is 4-5 months.

[lgvisa]

I am aware of the fact that once applied for GC process, we can get the LABOUR approved in 6 months period approximately. But will it take 6 months to apply for the GC process?

[rahul412]

I am aware of the fact that once applied for GC process, we can get the LABOUR approved in 6 months period approximately. But will it take 6 months to apply for the GC process?

GC processing can be started at any time.

[xfitter]

I think it can take time. The answer to your question depends on what you deem as the "start of your GC process".

 

Employer needs to define job description, get prevailing wage for the position (~ 2 months), advertise the job for 30 days, after which there is a 30 day cool off period, then evaluate resumes/interview candidates (if any) and correspond with attorney, and if eligible to file Labor based on recruitment effort results, pay attorney and have the attorney file Labor, which may take over 2 months to get approval. So, overall, it can be time consuming. 

[lgvisa]

So, even before filing for the green card, it will take approximately 6 months? And after applying for GC process, again it will take 6 months to get the LABOUR approved?

[lgvisa]

Also, If I withdraw the case, will that affect me in any way in the future If I again want to file my GC process?

[rahul412]

Also, If I withdraw the case, will that affect me in any way in the future If I again want to file my GC process?

case???

[lgvisa]

I meant If I ask the attorney to withdraw the filing of green card process, will there be any -ve effects/black mark with my record?

[lgvisa]

Also may I know how long it is taking to get the green card on EB2 category? Some people say the green card is done in 2 years or so. Is it true or are they rumours?

[lgvisa]

I have 1 more question. I belong to employer A. But I keep changing my job/client, once in 3 to 4 months, which is hindering my GC PERM/Labor process. Is there any way that I can avoid this problem so that the green card process can go smoothly?

[xfitter]

So, even before filing for the green card, it will take approximately 6 months? And after applying for GC process, again it will take 6 months to get the LABOUR approved?

Depends on what you deem as filing for "GC". For EB GC processing, it's a three step process, first of which is PERM. It takes about 2 months for PWD, at least 60 days for recruitment efforts, and about 2-3 month after filing Labor for approval. If Labor gets into an audit, approval can take over a year. After Labor is approved, you can file I 140, the second step. You can file I 140 in premium processing, so you know the results in less than 15 days. Once your I 140 is approved, you can retain the Priority Date for future EB GC processing. The third step is to file I 485. Each step in the process takes its own time to prepare, gather and organize documents, and then apply. Please do some reading and educate yourself on the process.

 

Also, If I withdraw the case, will that affect me in any way in the future If I again want to file my GC process?

Looks like you have something in your mind based on which you've framed this question. It's too vague to provide an answer.

[rahul412]

I meant If I ask the attorney to withdraw the filing of green card process, will there be any -ve effects/black mark with my record?

No negative effects, but your new employer has to start the process from the beginning.

 

 

Also may I know how long it is taking to get the green card on EB2 category? Some people say the green card is done in 2 years or so. Is it true or are they rumours?

No one can say how long.

 

 

I have 1 more question. I belong to employer A. But I keep changing my job/client, once in 3 to 4 months, which is hindering my GC PERM/Labor process. Is there any way that I can avoid this problem so that the green card process can go smoothly?

Changing the clients is NOWAY related to your GC processing.

[lgvisa]

If my employer doesn't run the payroll for 2 to 3 months when I am on bench, will this affect my GC process?

[rahul412]

If my employer doesn't run the payroll for 2 to 3 months when I am on bench, will this affect my GC process?

You need to get paid every month if you are on H1, even if you are on bench. Not getting paid means out of status.

[lgvisa]

Is it true that If I keep changing locations (from one state to another in the US), it will take a long time for me to get my GC? Is there any way to come out of this problem? I cant help with my job as I keep getting short term projects.

[omshiv]

Is it true that If I keep changing locations (from one state to another in the US), it will take a long time for me to get my GC? Is there any way to come out of this problem? I cant help with my job as I keep getting short term projects.

 

Thats not a problem related to GC.

[permaudit]

Is it true that If I keep changing locations (from one state to another in the US), it will take a long time for me to get my GC? Is there any way to come out of this problem? I cant help with my job as I keep getting short term projects.

GC through employment is based entirely on the job being offered to you and if the job description mentions that you would be consulting in various locations on assignments and if you keep your documentation updated everytime you change locations, you should not have any problem.

 

All the best!

[lgvisa]

Thanks a lot for all your responses.

[ineedgc555]

The current processing times before shutdown was around 200 days. Once, it starts I am guessing it will take 7 months for PERM results.

[sreereddy99]

Hi All,

 

I have a question on PERM, I am planning to apply under (EB3 TO EB2) EB2 in Jan or Feb 2014 so my question is can my employer start the PERM process now like defining the job description and getting prevailing wage for the position, advertise the job.

Actual plan is I am going to complete my MBA in Jan 2014, so that I can immediately start the filing for PERM so that I don’t have to wait for the initial process where my intervention is zero.  

 

Please advice

 

Sree