Urgent: Need advise for my PERM filing

[satishtelu]

Hi

I am currently working on H1B work permit and my 6th year ( including recapture dates) expires on Feb 24th, 2013.

Current employer A has started GC related recruitment process and planning to apply PERM in EB2 category by end of this month.

In the mean time, i have received a new offer from employer B, who are ready to sponsor my H1B transfer and start Green card process right away.

Queries

1. Advise if employer B can start the mandatory recruitment process right away, even before transferring my H1B to employer B, that way it will be faster, but not sure if its acceptable.

How long does the recruitment phase should last ( is it 60 or 90 minimum days)

2. Could you please advise if i have sufficient time to get 3 YR H1B extension through GC (PERM) process applied by Employer B.

Confirm the GC steps

A. LCA (1 week)

B. H1B transfer ( 2weeks)

C. Recruitment phase ( 60 days)

D. PERM ( 30 days)

E. I-140 ( Premium - 2weeks)

F. H1B filing..

Lets say, i get my I-140 approval on Feb 20th, 2013 and my H1B -Premium processing is filed on Feb 22nd... then am i still in H1B status even after feb 24th, 2013 as i will be having USCIS Receipt..

3. Also, my spouse is in F1 status and OPT will start by Jan 2013. Just in case, my Labor is still pending by end of Feb 24th, 2013, call i do COS to F2 in the month of Feb 2013 and stay in US, till my I-140 is approved and then convert back to H1 once my employer B files for H1B extension through PERM process.

4. After doing COS to F2, am i still eligible to get H1B-extension through PERM process sponsored by employer.

5. Currently, employer A is planning to start my PERM this month end, plz advise how long does it take to get labor approval and any advise if 5 months is enough to get labor, I-140 (with Premium processing) approvals.

Thanks for everyones time, i will appreciated if i get any advise, as i am in time crunch.

Have a nice weekend

[satishtelu]

Hi

JoeF & other viewers, any advise on my queries is greatly appreciated.

Thanks

[JoeF]

The employer handles the LC. You are not involved in that at all.

[satishtelu]

Hi JoeF,

Thanks for your response, could you please advise your 2 cents on my queries. Thanks again for your time.

[catx]

The PERM labor certificating application + I-140 process times are too optimistic. For one, the current PERM labor certificating application processing time (regular, no audit) is 60-90 days. There is also the prevailing wage determination (PWD) needed for the recruiting phase, which takes awhile, etc.

[luck2u]

@choice2012:

If you are lucky you will get PERM approval within 3 to 4 months provided there is no audit. If your PERM got audit that would end up to 7 months from the day of PERM filed which is more than your current H1B time from now. In case of I-140, surely you can make it in 4 weeks even you get any RFE, if it is without RFE then the period would around 2 weeks.