Job offer for GC through EB-3; H1 expiring in May 2013?

[rahul58]

Hi,

I’m into my sixth year of H1 and my H1 expires in May 2013. I have got an offer from an employer who is willing to sponsor my GC through EB-3 category.

Can you please let me know if I can have labor and I140 to be approved in next 10 months, if applied through EB-3? Also, can you please suggest if anything else needs to be considered in order to achieve this.

Thank you for your feedback.

[rahul58]

Just as a follow-up on this thread, can someone please advise or share your feedback.

Thank you

[maverick41]

10 months is a good time frame. If there are no audits, you can definitely get your PERM labor certified and even get your I-140 approved. Based on these factors (PERM in process or I140 approved) you can extend your H1-B visa. Please look at a reply to a similar question posed by Magic Kid (At the cross-roads) in the same forum.

The only recommendation I have is that you follow up with your HR department on a regular basis to make sure they are taking care of the paper work. Good luck!

[maverick41]

I take back some of what I said about extension of visas. I forgot to take into consideration that you will be applying within 365 days,

[catx]

As been posted before in answer to this question, anything less than a year (and even that) is 'cutting it close'. The PERM labor certification application preparation with the required job recruitment activities and documentation, prevailing wage determination, etc. typically takes 2-3 months. The PERM labor certification application approval typically takes 4-6 months (without an audit). The Department of Labor iCERT portal lists the current processing times. The I-140 petition typically takes around 6 months for approval (without a RFE). The USCIS web site, and other 3rd party web sites, list the current (most recently reported) processing times by service center. As you can see anything less than year is optimistic (that is not saying it can't be done, especially if your employer prioritizes their efforts, but an audit, RFE, etc. would be the end of the road).

The only 'safe' way is to start the PERM labor certification application process ~15 months before the H-1B visa expires, so that it is filed with the Department of Labor 365+ days before the H-1B visa expiry. That way, even if there is an audit, 1 year H-1B extensions for a PERM labor certification application pending for at least 365 days are available.

[pontevecchio]

You can wait and see and keep recapture time if necessary to come back in H1 status based on extensions post I-140 approval. You can then look for an EB2 job if you qualify in the future.