Can the PERM process be intiated and filed in 1 months time?

[chakde_p]

Hi,

I am on H1 and into 5 th year ending on 30 sept 2013 (incl recapture time). My spouse is also on H1. My Spouse has 140 approved but PD not current (EB2 PD=May2011).

Looking at EB2 PD movements, i think it is advisable for me to get my GC started so that I can extend my H1 (after max out period) based on my GC.

My questions:

1. My employer talked to his Lawyer and told that we don't have enough time to get my GC intiated before 30 Sept 2013. Basically my priority date shuld be 365 days before I max out (or approved I140). Can the first stage of GC (Labor PERM) be possible to initiate to get priority date before 30Sept 2013 assuming my employer engages into this process starting 10th Aug 2013?

2. Can prevailing wages determination and advertisement for job be done simultaneously and in 1 month's time?

Thanks.

[redgreenbluee]

please consult a lawyer.

 

PERM process is usually longer than a month cause u need request prev wage from DOL, post sunday ads and additional recruitment effort before u can submit, file PERM.

 

you can request and post ads at the same time but if the prev wage is higher than the one posted on the ads, you cannot use it as part of PERM application.

 

 

Hi,

I am on H1 and into 5 th year ending on 30 sept 2013 (incl recapture time). My spouse is also on H1. My Spouse has 140 approved but PD not current (EB2 PD=May2011).

Looking at EB2 PD movements, i think it is advisable for me to get my GC started so that I can extend my H1 (after max out period) based on my GC.

My questions:
1. My employer talked to his Lawyer and told that we don't have enough time to get my GC intiated before 30 Sept 2013. Basically my priority date shuld be 365 days before I max out (or approved I140). Can the first stage of GC (Labor PERM) be possible to initiate to get priority date before 30Sept 2013 assuming my employer engages into this process starting 10th Aug 2013?

2. Can prevailing wages determination and advertisement for job be done simultaneously and in 1 month's time?

Thanks.

[kmodugu0708]

Sorry to say but the chances are very few....Guess you might have to move onto H4 AND WAIT