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the company has to demonstrate that there is a business necessity for why the requirements for the position exceed the SVP level. your attorney should be prepared for this situation and should be communicating with you employer about the same, especially since the time for responding to the...

keep us posted; i will be extremely interested to see how your case pans out.

No, there are no clauses like that which I am aware of.

It is not merely to hire more people that would solve the retrogression and that's an extremely ignorant comment. The problem is in the government's eyes that there are too many people coming in, hence the visa retrogression. If you are not from one of the major countries (India, Mainland...

A lot of the time they will work for an employer during the Master's degree program doing graduate teaching/etc. It's a thought that you could require 3 months (minimum) for the position if they have that in their background. I've heard of M+0 cases going through, but I have never processed...

The PERM service centers indicate their 'target processing time' as 90 days, pending there is no audit.

You will not receive any kind of I-797 as the DOL processes PERM cases - not the USCIS. The attorney will receive the original approved labor certification, and the employer will receive a courtesy copy of the cover page of the LC, notifying them of its certification. For your I-140, you will...

VPats - highly likely you will receive an audit, but as long as your attorney has prepared the appropriate documentation, it is not a cause for concern. Additionally, your attorney should be prepared to submit documentation that there is a business necessity for the position to require an EB2...

We NEVER recommend filing this under EB2, although I have heard of some rare occasions where the EB2 B+5 w/a combination of degrees has gone through, but it is never advisable and not in conjuction with the regulations, even with an educational evaluation. Your safest bet is to apply under EB3...

You can't withdraw a petition after it goes under audit. You must either respond to it and wait for a decision, or don't respond to it and have it denied. Yes, some cases are selected at random for audit; some are selected based on specific triggers - such as EB2, a foreign language...

What country are you from? Yes, 7 years is a healthy estimate for the entire process. You are able to extend your H1 for an additional 3 years based on an approved I-140. The backlog has been re-instated in the I-485 process, so yes, you will have to wait a long while more than likely. The...

You should not have any overlapping experience on the PERM petition; I had received an automatic denial (where the system denies it without a person even looking at it) early in the process for overlapping experience dates. It's a no-no. Get a letter stating an earlier end date from your older...

Has your case been approved yet? It definitely should have gone through by now unless there is an audit on it which could push the processing time back. The service centers set a 'target' for processing cases within 90 days. There is a new bulletin that states that they will be lowering that...

Yes, Malaysia processes is considered to be in the "other" category and you would qualify for cross-chargability at the I-485 level. EB2 processing would vary between Florida and Utah - but remember, it is based on the company location where you would be working (ex., if the company is...

Your lawyer is correct that you can stay 30 days after your H-1 expires. I believe the official law is that as long as you entered legally, that you can stay for 180 days after your visa expires, though you should definitely NOT work illegally during this time. I remember reading some proposed...

Correct - "In Process" only.

No, they don't publish their processing times that I'm aware of. However, the memo that I quoted above also indicated they have a 'target processing time' of 45-60 days... although we have several cases approaching the 60 day mark and some over that time period, so who knows.

In a memo on 1/9/2008, AILA announced in a DOL Stakeholder Meeting Notes: "In an effort to more effectively and efficiently manage both the TEMP (H-2A & H-2B) and PERM programs, the DOL will be specializing the work of the two NPCs. Chicago will handle only temporary cases and Atlanta will...

Yes you can re-file without penalty. Audits are random or targeted - an audit is not a problem as long as the attorney/company prepare the right documentation! Your decision! I don't see the benefit of joining a new company unless your current company isn't reputable.

Holy... crap. That's a lot of money, especially considering the filing fees are not included. The firm I work for is highly reputable, and we charge about $4000-$5500 for all the attorney fees for ALL THREE STAGES. The other person mentioned as well the reputation of the attorney/firm - yes...