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Yeah but not to negate the US workers that already qualify for the position!

Even if you have a PhD in the field and 20 years of experience, you cannot "supersede" the American workers. Being the US worker is the "trump card" in this situation. A company CANNOT file the Labor Cert for you if there are any "willing, able, or available" US workers for the position. The...

Yes, the Green Card can be filed based on future employment.

You/your company will need to consult with an attorney, as I am not sure what you are saying as it makes no sense. Are you talking about a merger, an acquisition, or that the company you are out-sourced to through another company has done one of these elements? Please clarify.

Just backing up Concerned's statement -- he is 100% right and the suggestions you are making are illegal. Additionally, it is illegal for you to be involved whatsoever in the recruitment process. You MUST not have any involvement whatsoever. This recruitment is not for "YOUR PERM" -- it is...

"Concerned" is right. Your employer should contact an attorney to discuss your credentials. What was your H-1B filed under? That is a good place to start with determining what the requirements would be for the PERM position. And where are you getting the 'equivalency' information? If you...

This is a slippery slope. If you file a new EB2 petition with your current employer, the position being filed must be at least 50% different than the other role. If that can be documented, then yes, it is possible. This could be evidenced by filing a new H1B petition under the new job title...

You can only use qualifying experience with your current employer if the position being filed is at least 50% different than the other role. If that can be documented, then yes, you can use it. This could be evidenced by filing a new H1B petition under the new job title (new SOC/OES...

Yes.

Talk to an attorney. I do not believe you need to live in the US, but if you are seeking permanent residency in the US, and you've never lived there for a reasonable period of time, it seems a little weird to me just in general... so I don't know what a USCIS officer would think reviewing your...

Syed, Your employer is correct that you would have to travel back to India if your H-1 is expiring, and that you can file for premium processing of I-140 after your PERM is approved. Currently, DOL is processing cases filed in December/January, so it's assumedly going to be a more 10+ months...

You cannot make any changes to a PERM petition after it has been filed, so there is no way to update the PERM petition. I assume by "offer letter" you mean your H-1B petition. Please note the PERM and H-1B processes are separate to one another, as one is a temporary status and one is seeking...

Unfortunately there is really not a way to predict things currently. You can "ball-park" it to be another year or so, but then again, you should keep in mind that DOL could take 3 months to process one month of audits, or they could process 3 months in one month... it's really one of those...

It's irrelevant with regards to the GC process. However, you should ensure that your LCA (if you are on H-1B) is updated to show your new location, and that you file AR-11 when you move in order to comply with USCIS change of address regulations.

You'll need to talk to an attorney about this question. I would "assume" you can't, because one of the questions on the very first page of the form asks if the person for whom the case is being filed has any ownership interests in the company, and you would have to respond 'yes' to that. I...

For the Labor Certification itself, the DOL is currently processing cases from November 2008... there has been news of a few December 2008 cases too approved, so you can estimate from that timeframe. It's impossible to predict what the processing time will be for your case however, especially...

Ok first of all, the POSITION for which your case is being applied is not based on YOU but on the POSITION itself. It is irrelevant if you have a Master's degree if the case requires only a Bachelor's degree. Furthermore, I can't tell 'when' your Master's degree was obtained from your post...

If your new company starts the new process, they will need to file a new LC and once the LC is approved, you can do a "recapture" at the I-140 stage by submitting a copy of your I-140 approval notice for the previous company. And yes, cases are pending for approx 1 year right now. For...

PER AILA.ORG: DOL Provides Current PERM Processing Dates Cite as "AILA InfoNet Doc. No. 09032661 (posted Mar. 26, 2009)" At the AILA Spring Conference on March 20, 2009, DOL announced they were working on cases with Priority Dates (initial case filing dates) in the following queues...

The DOL's statement released last month stated they are currently processing normal cases received in June 2008 (though there has been much movement in July 2008 cases as well); for cases subjected to random or targeted audit, they are processing cases received in August 2007. Hence, it will...