What's the latest PERM should be filed in H1B ?

[Engineer1234]

I have been on H1B since 2006. My GC was filed by company A with PD in April 2011 (EB2 category)

Moved to company B in 2016, they also filed GC and retained PD

Got laid off and moved to company C in April 2019. Company C is super slow in filing PERM. Is there any requirement that they absolutely have to file the PERM before the start of the 3rd year? If they don't , what are the consequences?

 

 

[User099]

On 6/2/2020 at 5:48 PM, Engineer1234 said:

I have been on H1B since 2006. My GC was filed by company A with PD in April 2011 (EB2 category)

Moved to company B in 2016, they also filed GC and retained PD

Got laid off and moved to company C in April 2019. Company C is super slow in filing PERM. Is there any requirement that they absolutely have to file the PERM before the start of the 3rd year? If they don't , what are the consequences?

 

 

There is no such requirment to start PERM before the 3rd year, but my question is how are you able to maintain the PD when you moved to Company B in 2016 when the EO to maintain the PD came into effect in 2017.

[JoeF]

2 hours ago, User099 said:

There is no such requirment to start PERM before the 3rd year, but my question is how are you able to maintain the PD when you moved to Company B in 2016 when the EO to maintain the PD came into effect in 2017.

Retaining the PD was possible way before that.

In 2017, the change was that it became possible to retain the PD even if the I-140 was canceled, if it was canceled after 6 months. AFAIK, that wasn't an EO. It was a law change.