PERM or Labor is pending from last July 2012

[prafulla096301]

Hi my green card 1st step i.e. PERM or Labor is pending from July-2012. There was RFC my attroney replied into Nov-2012 but there is no progress with my PERM.

Recently, my H1B consumed 6 years and my employer able to extend my H1B visa for one more year. i.e. until Oct-2014.

I have following questions.

1. Can I go to India for a vacation for about 6  months and will be able to return safe using same employer petition?

Scenario#1. May be in the meantime my PERM will get approved and I-140 can also be approved and then, I can extend for 3 years and then go for Visa Stamping in India and came to USA.

Scenario#2. My PERM will get denied. But my new extended H1B visa petition will be active until Oct-2014.So I will be able to come back to USA from India?

2. If I don't go to India and ccan change the employer now and get my new h1b petition approved using my new H1B petition which is valid until Oct-2014. Probably I need to start new Green Card Process and I won't be able to use my previous priority date/ application date for PERM. Please correct me if I'm wrong.

3. Why I asked Point#2 questions? Reason is that my employer is telling me that I should apply for new PERM under EB3 category. I have 12+ years of IT experience in ERP software development and testing. So instead of doing new application from same employer, can I join new employer?

 

I would really appreciate your response.

 

Thanks!!

[omshiv]

Hmm..I thought PERM should be "Approved" in order for the 365 day = 1 yr H1 extension period kicks in. If this is applicable, then you may go to India on 6 month vacation and come back on the extended H1.

 

Senario #1 & #2 are possible.

 

You cannot retain the PD if the PERM and I-140 is not approved. You can surely join a new employer and can restart the GC process.

[prafulla096301]

omshiv thanks for your reply.

 

My PERM application is pending from more than 365 days and hence, my employer was able to extend my H1B visa for one more year.

 

Now, I have H1B petition extended upto Oct-2014. So it seems like I can go on vacation and came back after 6 month but I think it will be better to go for stamping as soon as I reach India and once it stamped apply for vacation and came to USA after 6 months.

And also, in the meantime if worst-case PERM or I-140 got denied then re-apply for PERM. but in that case they won't be able to extend for another 1 year because PERM filing will not be 365 days old.

[prafulla096301]

My PERM is pedning/in-progress since July-2012 (Audit response was completed in Sep-2012). It means it is more than 1 year after responding to Audit. Anyone having idea how much time it will take to get the final result? Can I be able to go to India with Status in-progress on vacation for 6 month because visa got extended for one year and safely come back on H1B visa? Will I be able to get stamp?

[blancx]

The last time I checked the icert website (before it was shutdown due to the govt shutdown), audited PERM case having PD of Aug 2012 were being adjudicated.  Your case may be adjudicated once the govt shutdown ends.

 

You can get 1 yr extensions based on a PERM pending for more than 365 days.  If before Oct 2014, your I-140 gets approved, you can extend the H1 for 3 years, so from Nov 2014 to Oct 2017.

[prafulla096301]

My employer have applied my labor in nov-2011 (PERM Application Submitted) and received audit in April-2012 and got declined in June-2012.

Again refiled PERM on July 05, 2012 and again received audit on Sep, 2012 and since, then it is in pending status.

So my new PD is July 5th, 2012. Is it mean that my case is not being adjudicated yet?  So this is the situation?

 

Will I be able to go to vacation for 6 month in india and come back safe on h1b, i got extened upto oct-14 (one year)? my employer is suggesting to apply new perm in EB3? is it good idea?