PERM Process and Trends

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to the PERM Process and Recent Trends.      

 

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 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

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[pmgc]

Considering (a) current trends (b) modernization proposal © election noise on immigration

Questions: what is the best shot for an approved perm LC stage or an approved I-140 ?

Is extension based on PD( of LC) or PWD filed date? If so, are further extensions going tobe 1yr or 3yrs?

Additional details for clarity:

-PWD filed on 7/6/15

-H1b six yrs : July 2016

-with recapture : Sep 2016

Would be great if you can break it down, steps of perm process by timeframes, w.r.t current trends....

[emmas.samme]

Applied for PERM 6 months ago (Feb 3rd week). Still no update. My friends told it used to take 3-4 months but Attorney says its anywhere between 4-8 months.

 

What is the actual timeline and when can I expect update on my application?

 

Thanks

A

[agarwal.amal]

Background.

i am currently on l1b since 2011.

my employer is filling my gc in ed3.

i have done 4 years bachelors for india and have a total 6 years of work exp. (2 year in indina and 4 years in us.)

my employer is filling Eta9089 this week.

the prevailing wage is way higher then what i get now.

 

 

question :

1.will i start getting prevailing wade once i-140 is approved?

2.can i file my gc in eb2 instead of eb3 ?

3.when is the prevailing wage applicable ?

[agarwal.amal]

I am trying to find my case using the case number i have on the mail. i am using below mentioned link to find my case.

 

https://icert.doleta...QuickCertSearch

 

 

after getting this mail on 21 aug 2015.

 

"Subject: Permanent Application - Sponsorship Submission Verification

 

To: xxxx INC.
C/O xxxxxx

  
Re: Case Number: A-15233-xxxxx Received: 08/21/2015

This is a confirmation email that the U.S. Department of Labor has received your response to the questionnaire regarding sponsorship of xxxxxxxx for the full time position of DATABASE ADMINISTRATORS. Your case will now continue to be processed.

In the event that you any questions or need further assistance, please email the PERM Help desk at PLC.HELP@dol.gov

[praveen_sdlp]

Hi, My employer is filling PREM for me and today my attorney informed me that I will not be qualifying for EB2 category.

I hold Bachelor’s degree (math) + Master’s degree (computer science) from India and my education evaluation says that my degree is equaling to a bachelor’s degree.

I have around 10 years of experience in IT.

 

My attorney told me that “Your Indian Bachelor of Science and Master of Science degrees combine to be the equivalent of a four-year U.S. Bachelor of Science Degree in Computer Science from an accredited U.S. college or university.  Unfortunately, the CIS does not permit the combination of degrees to obtain the equivalency of an advanced degree, or of a bachelor’s degree with experience then added to equate to an “advanced degree” as required for qualification under the EB-2 category. “

 

I searched on internet and many people with the same qualification from got their I140 approved.

Am I eligible for EB2?

[Attorney_22]

Considering (a) current trends (b) modernization proposal © election noise on immigration

Questions: what is the best shot for an approved perm LC stage or an approved I-140 ?

Is extension based on PD( of LC) or PWD filed date? If so, are further extensions going tobe 1yr or 3yrs?

Additional details for clarity:

-PWD filed on 7/6/15

-H1b six yrs : July 2016

-with recapture : Sep 2016

Would be great if you can break it down, steps of perm process by timeframes, w.r.t current trends....

DOL has not released any specifics regarding the modernization, therefore we cannot comment on what benefits/problems it may cause. However, current PWD processing is approximately two months and LC adjudication is approximately seven months unless there is an audit. If an audit is issued, it will take an approximate twelve months of additional time.

 

To discuss specific options available to you based on your unique circumstances it is best to schedule a consult with a Murthy Law Firm attorney. However, I do want to make sure you understand current law does not allow H1B extensions past the normal six year limitation based on a PWD filing date.   

[Attorney_22]

Applied for PERM 6 months ago (Feb 3rd week). Still no update. My friends told it used to take 3-4 months but Attorney says its anywhere between 4-8 months.

 

What is the actual timeline and when can I expect update on my application?

 

Thanks

A

Approximately seven months. 

[Attorney_22]

Background.

i am currently on l1b since 2011.

my employer is filling my gc in ed3.

i have done 4 years bachelors for india and have a total 6 years of work exp. (2 year in indina and 4 years in us.)

my employer is filling Eta9089 this week.

the prevailing wage is way higher then what i get now.

 

 

question :

1.will i start getting prevailing wade once i-140 is approved?

2.can i file my gc in eb2 instead of eb3 ?

3.when is the prevailing wage applicable ?

I will answer your questions in the order received:

 

1.       The employer is not required to pay the wage of a future GC position until your GC is approved. Although the employer is not obligated to pay the GC wage for a future position, they must be able to document the ability to pay prior to the GC approval. Generally this is done in the I-140 petition.

 

2.       It may be possible to file in EB2 if the position requires nothing less than a related four year bachelor’s degree and five years of progressive experience, or a related master’s degree, and you as the beneficiary possess those minimum requirements.

 

3.       See the answer to question 1.       

[Attorney_22]

Hi, My employer is filling PREM for me and today my attorney informed me that I will not be qualifying for EB2 category.

I hold Bachelor’s degree (math) + Master’s degree (computer science) from India and my education evaluation says that my degree is equaling to a bachelor’s degree.

I have around 10 years of experience in IT.

 

My attorney told me that “Your Indian Bachelor of Science and Master of Science degrees combine to be the equivalent of a four-year U.S. Bachelor of Science Degree in Computer Science from an accredited U.S. college or university.  Unfortunately, the CIS does not permit the combination of degrees to obtain the equivalency of an advanced degree, or of a bachelor’s degree with experience then added to equate to an “advanced degree” as required for qualification under the EB-2 category. “

 

I searched on internet and many people with the same qualification from got their I140 approved.

Am I eligible for EB2?

Call the Murthy Law Firm to speak with one of our attorneys to discuss this issue. Please also forward a copy of your credentials for discussion during the consult. 

[agarwal.amal]

I will answer your questions in the order received:

 

1.       The employer is not required to pay the wage of a future GC position until your GC is approved. Although the employer is not obligated to pay the GC wage for a future position, they must be able to document the ability to pay prior to the GC approval. Generally this is done in the I-140 petition.

 

2.       It may be possible to file in EB2 if the position requires nothing less than a related four year bachelor’s degree and five years of progressive experience, or a related master’s degree, and you as the beneficiary possess those minimum requirements.

 

3.       See the answer to question 1.       

thanks

[Attorney_22]

An article you may find helpful: http://www.murthy.com/2015/08/05/perm-audits-and-trends-with-perm-denials/