PERM Pending

Nick aradhya

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I have seen a really good questions and answers. Heard lot of good things about this firm. I really appreciate if this can be answered for me.

My PERM is pending, with a filing date of October 2022, and I am expecting it to be approved anytime between now and June 2023. Since my visa is getting expired on May , I'll be returning to India, where we have an office, and I'm thinking about taking a month off and then continuing to work from there. So, according to USCIS, my payroll should be running in the US rather than the India office if this is delayed further, correct? and It is critical that once the PERM is granted and the i140/H1b extension is filed, I provide my US paystubs rather than the India office. Technically, I shouldn't be transferred to India Office at all. 


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  • 2 weeks later...

Firstly, H1B and PERM are separate processes, though many employers choose to sponsor employees in the same position for both. Since the PERM labor certification is for a future position, you are not required to work pursuant to that position until the green card is approved. Your H1B may have separate requirements. However, for the labor certification process, it does not matter where or for whom you work prior to the green card being granted, with respect to general eligibility. The USCIS does not require proof of pay during the labor certification process, however, proof of pay can be used to help determine the employer’s ability to pay. You will want to discuss with your employer their ability to pay calculation to determine if they need your salary to meet their obligation.

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