7th year and PERM

B

Bill629

Registered Users (C)
Hi,

I am in US since June 2000, my VISA is expiring jan 2006. I have applied (EB2/RIR) Labor in Sep 2003 in PA, state got cleared in 1 month, its been 2 years in Federal, and got struck in Philly Backlog center, my employer says he replied to the 45 days letter 3 months back. Suddenly now he says there are many queries raising by INS about his company and chances of Labor clearance is low. So, he is suggesting to apply for Labor again with PERM now. I would appreciate if anyone put some of their knowledge or their experiences to give me a better idea what to do. I have few questions:
1. Since my VISA is expiring Jan 2006, when should I apply for extension? Is it better to do Joint file with my spouse (but she is in India right now and be back to US in Nov).
2. If I apply again for Labor thru PERM, how long its gonna take to clear Labor. my company is in MD and PA, I am in NJ.
3. Will my old Labor (filed in Sep 2003) cancels, if I apply for PERM now?
3. Can use old Labor Priority Date while filing 140 after PERM got cleared?

As per other forums, I came to know that if we apply for PERM now, the GC is expected after 5-6 years. Please give me some ideas.

Thanks all for your efforts.
 
Last edited by a moderator:
YOu can file it anytime before it expires, but you have to make sure that you do not leave the country while the extension application is still pending.

Your PERM can get cleared in as fast as a week from the filing date to as long as three months.

Recently DOL/INS mentioned that you could have the old labor still pending while you filed PERM. But you will need to clarify that with your attorney.

The priority date of the labor will be the priority date on the PERM as well..so it will apply to I140 as well.
 
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