Enough time to have I-140 approved?

[sachin628]

Hi ,

 

I am in 5th year of my H1B now. As per current calculations,my 6 years would expire sometime in November 2016.

 

PERM has not been filed yet. My company agreed to start the process for filing EB2 PERM mid June 2015 sometime. Considering, that there are other processes as PWD and advertising and cooling off period etc before PERM is actually filed,

 

1. Is there enough time to have my PERM filed before November 2015?

 

2. Is there enough time to have I-140 approved by November 2016?

[monty4u]

You have to complete prevailing wages which takes around 2 months and then there is marketing that your firm needs to complete for  nearly 4 months and then you can file for PERM which is currently taking around 5-6months to be certified.

I-140 you can use premium process otherwise the wait is 7+ months currently. 

 

You should be fine if PERM is certified as you can get 1 yr extensions.

 

Good Luck. 

[livliv]

If your salary is high enough, they can start the job posting in parallel while waiting for PWD. But, of course there is a risk that PWD will be higher than your salary. Considering this, timelines will be tight, but not impossible. You will need to push them hard and continuously follow-up on the status.

[sachin628]

Thanks for your responses.

If my PERM is filed 365 days before max-out date and say there is no decision on it, I can get 1 year extension.

But if my PERM is certified but I-140 is not approved before my max-out date, I won't be eligible for 1 year extension.

Is that correct?

[livliv]

Thanks for your responses.

If my PERM is filed 365 days before max-out date and say there is no decision on it, I can get 1 year extension.

But if my PERM is certified but I-140 is not approved before my max-out date, I won't be eligible for 1 year extension.

Is that correct?

Yes, but since premium processing is available for I-140, it generally is not a big deal.

[sachin628]

Got it, Thanks. :)