PERM: Starting and Timing Issues

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to starting the PERM process and timing issues.    

 

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[Attorney_22]

You can find a related article at the following link: http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/

[ram123123]

Hi,

My perm labor was filed in the 2nd week of Sep-2014 & had a query and answered back by end by 2nd week in March-2015. 

 

May i know, when would i get a response?

[NP2020]

Hi, 

My Perm (PD: Jan 2012) and I140 are approved with my current employer which is small consulting company. I am now in 6th year of H1 (6yr ends Oct 2016). I got a full time job. New employer says that 365 day perm rule is not applicable for me. 

Questions: 

1. Is the 365 day perm rule applicable for me? 

2. Would I get 3yr H1B with new employer? 

3. Will there be any issues with porting priority date if my current employer revokes existing I140? 

 

Thanks

NP

[Attorney_22]

Hi,

My perm labor was filed in the 2nd week of Sep-2014 & had a query and answered back by end by 2nd week in March-2015. 

 

May i know, when would i get a response?

If your query was an audit, generally the audit slows the process down by approximately one year. 

[Attorney_22]

 

Hi, 

My Perm (PD: Jan 2012) and I140 are approved with my current employer which is small consulting company. I am now in 6th year of H1 (6yr ends Oct 2016). I got a full time job. New employer says that 365 day perm rule is not applicable for me. 

Questions: 

1. Is the 365 day perm rule applicable for me? 

2. Would I get 3yr H1B with new employer? 

3. Will there be any issues with porting priority date if my current employer revokes existing I140? 

 

Thanks

NP

 

Generally when an individual has an approved and valid I-140, that individual is eligible for H1B extensions beyond the six year limitation even when the the H1B extension is with a different employer than the I-140 sponsor. If the I-140 is withdrawn then this option is no longer available, and the 365 day rule for extensions should not apply when you are already past the normal six year limitation. Due to the importance of knowing exactly what your options are for your unique circumstance, it is advisable to speak with one of our attorneys to advise you and help parse out what is best for you. 

[working_usa]

Hello there! My perm is filled on May 22, 2015. Since its been more than 3 month, currently 5th month..I haven't received any status yet. I looked into multiple sites (such as perm checker/dol stats.com) to check the status, but no luck. Is there way to check the status? Can i contact DOL. is this s good of way to knowing status? Can my employer or attorney look into the status.

 

I even tried in this "https://icert.doleta.gov/index.cfm?event=ehLCJRExternal.dspQuickJobOrderSearch" but it displays result not found. i might be not filling all the fields, could you please help me in location my A#?

 

I appreciate your help in advance.

 

Thanks and Regards, Working_usa

[rohang]

 

Hi, 

My Perm (PD: Jan 2012) and I140 are approved with my current employer which is small consulting company. I am now in 6th year of H1 (6yr ends Oct 2016). I got a full time job. New employer says that 365 day perm rule is not applicable for me. 

Questions: 

1. Is the 365 day perm rule applicable for me? 

2. Would I get 3yr H1B with new employer? 

3. Will there be any issues with porting priority date if my current employer revokes existing I140? 

 

Thanks

NP

 

1) New employer can apply for H1b, you can get H1b for (max:3 yr), as you have I40 approved.

2) One you get approval on H1b, resign and join new employer.

3) Now even if employer 1 revokes I140, no impact on approved H1b.

 

==============

Now your new employer have option to file new GC application, PERM will take usual long time. But you will be able to port your PD from first GC application.

 

hope this helps..

[Attorney_22]

Hello there! My perm is filled on May 22, 2015. Since its been more than 3 month, currently 5th month..I haven't received any status yet. I looked into multiple sites (such as perm checker/dol stats.com) to check the status, but no luck. Is there way to check the status? Can i contact DOL. is this s good of way to knowing status? Can my employer or attorney look into the status.

 

I even tried in this "https://icert.doleta.gov/index.cfm?event=ehLCJRExternal.dspQuickJobOrderSearch" but it displays result not found. i might be not filling all the fields, could you please help me in location my A#?

 

I appreciate your help in advance.

 

Thanks and Regards, Working_usa

General processing is approximately seven months. During that time DOL does not update the status beyond "in process". To see the status the best option is to have the sponsor or the attorney sign into the DOL account and search for your case number.  

[NP2020]

1) New employer can apply for H1b, you can get H1b for (max:3 yr), as you have I40 approved.

2) One you get approval on H1b, resign and join new employer.

3) Now even if employer 1 revokes I140, no impact on approved H1b.

 

==============

Now your new employer have option to file new GC application, PERM will take usual long time. But you will be able to port your PD from first GC application.

 

hope this helps..

Thanks RohanG, this is what I am looking for. Your response helped me a lot.