bignate1723 Posted July 10, 2020 Report Posted July 10, 2020 My FNIV will be on 13 July 2020 with my 5 year duration on H1B in USA ending on this date. FNIV will be on 17th Aug 2020, if the time I have spent outside US is recaptured. Immigration team at my company had ETA9089 PERM application ready and was sent to me for review on May 14th after all the recruitment steps were completed and they said my LC/PERM will be filed in the week of June 23. I was trying my best for LC to be filed prior to 365 day rule (completion of my 5 years on H1B in USA). On June 25th, they reverted back stating we need to additional recruitment and the new job order was posted on 25th June and the quiet period will end on 26th June. I spoke to the attorney and she stated per the new guidelines from DOL, the job ad has to be posted when offices are reopening and hence we cannot file the PERM until the offices are open, job ad is posted in the office premises. All our offices are closed due to COVID-19 and not sure the offices will open again this year with the spike in case. My 6th year will end on July 12 2021 I am confused and worried since it is not making sense. Immigration team had everything ready ETA 9089 for PERM and then they stated they have posted a new ad and quiet period is till July 25th 2020. Now they are stating offices have to open for posting the job ad per new DOL guidelines. I browsed for any reference on the new DOL guidance and I did not find any. Can you please help me understand as to what is happening with PERM/LC filing. I feel immigration team is hiding some information or purposefully delaying the filing of PERM/LC. I also pointed out that some buildings and departments in my company are now open and they can post the job ad there to suffice the requirement and they say entire office premises should be open now. I feel they either do not want to file my PERM or purposefully delay the filing of PERM. What is happening here? Please can you help throw more light on any DOL guidance. Quote
A23202 Posted July 15, 2020 Report Posted July 15, 2020 Today, I was also told the same thing from my company's lawyers..must be something new. I am also in my 5th year and my process hasn't been started yet (not even PWD etc). I am not carrying much hope at this point Quote
bignate1723 Posted July 18, 2020 Author Report Posted July 18, 2020 What are your company’s lawyers saying? Any alternative solutions? Quote
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