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Anyone file PERM today?
- Thread starter allaboutgc
- Start date
Today I recived PWD from NJ DOL and the salary is for level 4 around 85K,manishcp said:You might check at www.ajb.org
I would like to apply in EB-2, Could anyone help me to find which level should I
consider for EB-2?
mitqb,
Please post on what your attorney says about waiting 30 days after the Job order with SWA. I remember reading somewhere that you should have 30 days time after your recruitment process which is Sunday ads. for other three online ads and for job order we do not need to wait 30 days.
Please confirm.
Please post on what your attorney says about waiting 30 days after the Job order with SWA. I remember reading somewhere that you should have 30 days time after your recruitment process which is Sunday ads. for other three online ads and for job order we do not need to wait 30 days.
Please confirm.
roseind said:You cannot file on April 19th.. you can file only on May 19th.. please check 12th page of the FAQ. It says " 30 days of the posting must take place at least 30 days prior to filing" also they are saying "30 day job order timeframe must end at least 30 days prior to filing". FAQ available at http://www.plc.doleta.gov/PLC_FAQ.pdf
knowDOL said:mitqb,
Please post on what your attorney says about waiting 30 days after the Job order with SWA. I remember reading somewhere that you should have 30 days time after your recruitment process which is Sunday ads. for other three online ads and for job order we do not need to wait 30 days.
Please confirm.
Also, I remember one recruitment effort must be within 10days before filing?
one has to wait 30 days after the completion of JO & NP ad.
It was very clearly mentioned in final regulation. See the page 77392 and 77393. The two mandatary recruitment steps (Job order & NP ad) must have been conducted atleast 30 days but not more than 180 days before filing LC.
Only one additional rec. step is allowed during the 30 days before filing the LC.
It is very clear that one has to wait 30 days after the completion of JO & NP ad.
It was very clearly mentioned in final regulation. See the page 77392 and 77393. The two mandatary recruitment steps (Job order & NP ad) must have been conducted atleast 30 days but not more than 180 days before filing LC.
Only one additional rec. step is allowed during the 30 days before filing the LC.
It is very clear that one has to wait 30 days after the completion of JO & NP ad.
manishcp said:Today I recived PWD from NJ DOL and the salary is for level 4 around 85K,
I would like to apply in EB-2, Could anyone help me to find which level should I
consider for EB-2?
manishcp:
Why level 4? Did you require MS+Special Skills+Experience? Maybe you can remove one of these except for MS?
Question
May I ask what is NP?
Gc_puli said:It was very clearly mentioned in final regulation. See the page 77392 and 77393. The two mandatary recruitment steps (Job order & NP ad) must have been conducted atleast 30 days but not more than 180 days before filing LC.
Only one additional rec. step is allowed during the 30 days before filing the LC.
It is very clear that one has to wait 30 days after the completion of JO & NP ad.
May I ask what is NP?
Newspaper adgreatgc said:May I ask what is NP?
30 days after 30-day job order??
I think on the final regulation there are conflictions about this issue. See this quote about the waiting time from the final rule:
See the 2nd paragraph. It's saying waiting time for job order would NOT be necessary. Am I understanding it correctly?
========================
To account for possible delays in mail delivery, and for other
delays caused by circumstances beyond the control of the employer, we
have extended the response time to 30 days. Employers' responses must
be sent within the 30-day time limit, but need not be received by DOL
by that date. As stated in the preamble to the proposed rule, the
employer is expected to have assembled the documentation required
before filing the application. None of the commenters stated this
expectation is unreasonable.
The Application for Permanent Employment Certification requires the
employer to provide the start and end date of the job order on the
application form to document the job order has been placed. Gathering
additional information on the job order from the SWA will not be
necessary; therefore, no extension of the response time is warranted
for this purpose.
============================
However I think roseind posted an FAQ, http://www.plc.doleta.gov/PLC_FAQ.pdf. On page 12, it clearly says 30 days after the 30-day job order is required. Well, but same FAQ also says priviling wage before 3/8/05 is ok. Yet roseind's case was denied due to the Jan. privailing wage and he/she would need to re-file with the new wage.
So I am lost here. I guess we can only know it when someone takes the risk and submit PERM without waiting for the additional 30 days...
I think on the final regulation there are conflictions about this issue. See this quote about the waiting time from the final rule:
See the 2nd paragraph. It's saying waiting time for job order would NOT be necessary. Am I understanding it correctly?
========================
To account for possible delays in mail delivery, and for other
delays caused by circumstances beyond the control of the employer, we
have extended the response time to 30 days. Employers' responses must
be sent within the 30-day time limit, but need not be received by DOL
by that date. As stated in the preamble to the proposed rule, the
employer is expected to have assembled the documentation required
before filing the application. None of the commenters stated this
expectation is unreasonable.
The Application for Permanent Employment Certification requires the
employer to provide the start and end date of the job order on the
application form to document the job order has been placed. Gathering
additional information on the job order from the SWA will not be
necessary; therefore, no extension of the response time is warranted
for this purpose.
============================
However I think roseind posted an FAQ, http://www.plc.doleta.gov/PLC_FAQ.pdf. On page 12, it clearly says 30 days after the 30-day job order is required. Well, but same FAQ also says priviling wage before 3/8/05 is ok. Yet roseind's case was denied due to the Jan. privailing wage and he/she would need to re-file with the new wage.
So I am lost here. I guess we can only know it when someone takes the risk and submit PERM without waiting for the additional 30 days...
Gc_puli said:It was very clearly mentioned in final regulation. See the page 77392 and 77393. The two mandatary recruitment steps (Job order & NP ad) must have been conducted atleast 30 days but not more than 180 days before filing LC.
Only one additional rec. step is allowed during the 30 days before filing the LC.
It is very clear that one has to wait 30 days after the completion of JO & NP ad.
Last edited by a moderator:
rest_2004_free
Registered Users (C)
2 years
2 years ... ensjoy.....
2 years ... ensjoy.....
greatgc said:Let's say for some reason the new case filed under PERM gets denied.
Is there any waiting period before we can again file with minor modifications under PERM? If yes- what's the waiting period?
Thanks
Green Card application question
Hello,
I have an urgent question related to my green card application and I'd appreciate it if you could fill me in on this.
I am currently in my 5th year of my H1-B visa which is valid until December 2006. I still haven't applied for my green card. I'd like to know when is the latest I need to apply (actually file for labor certifiction) so that I'd be eligible for 1 year H1-B extensions, considering that I haven't started any paper work as yet.
I'd greatly appreciate it if you could respond to me ASAP along with any other info relevant to my situation.
Thanks in advance.
Hello,
I have an urgent question related to my green card application and I'd appreciate it if you could fill me in on this.
I am currently in my 5th year of my H1-B visa which is valid until December 2006. I still haven't applied for my green card. I'd like to know when is the latest I need to apply (actually file for labor certifiction) so that I'd be eligible for 1 year H1-B extensions, considering that I haven't started any paper work as yet.
I'd greatly appreciate it if you could respond to me ASAP along with any other info relevant to my situation.
Thanks in advance.
rest_2004_free said:2 years ... ensjoy.....
Please NO need to lie here or for that matter taking pain to respond to this thread.
Do u think I believe stupid answers?
Seems like that's probably your waiting time for yr pending LCA on old system.
greatgc said:Please NO need to lie here or for that matter taking pain to respond to this thread.
Do u think I believe stupid answers?
Seems like that's probably your waiting time for yr pending LCA on old system.
My company checked with the DOL, they mentioned one can submit immediatly.
DOL will accept prevailing wage obtained before March 8, 2005, only if the wage source is other than OES.. i.e Collective Bargaining Agreement etc..
xg121960 said:The Whole Prevailing Wage Determination is a joke. Here is my story of PWD. My job description requires a Master degree and 2 years experience. My job title belongs to Onet Jobzone 5, SVP 8 and Education & Training code 3. So, theoretically, a Master degree plus a 2 years experience is a minimum requirement.
At first, SWA assigned a wrong job title because they did not look at what we put in the job description. After they corrected that mistake, they assigned LEVEL II to my position. My attorney argued with SWA, however, they replied that they raised the level because it requires a Master degree. (come on, this is a code 3 job). SWA refused to back down and asked my attorney to challenge DOL if they do not satisfy with the result. It seems that they do not follow the rules, and will automatically assign Level II to any job requiring a Master degree.
There will be more explanation for us to do when we file the PERM case to DOL. It was not great day and nor good experience so far for the PERM.
Yes that is a joke. Is the level II you are talking here as per new 4 level system or old two level system? Fight man, if they determined level II based on old two tier system.
In which category it can be file EB-2 OR EB-3
Somebody help me out with this...
Employer minimum requirement for job is Frist professional degree.
Job title from O-NET falls in ZONE-4, EDUCATION & TRANING CODE-2.
SVP LEVEL for the required degree is more than 8.
Required degree is justified for business necessity.
In which category it can be file EB-2 OR EB-3?
Somebody help me out with this...
Employer minimum requirement for job is Frist professional degree.
Job title from O-NET falls in ZONE-4, EDUCATION & TRANING CODE-2.
SVP LEVEL for the required degree is more than 8.
Required degree is justified for business necessity.
In which category it can be file EB-2 OR EB-3?
xg121960 said:Yeh, they use the new 4 level system.
If SWA used new 4 level system, it is very difficult to convience them to consider level 1 wage even for entry level position. Other option is alternate survey.
antonioa77
Registered Users (C)
so r u saying that DOl is much flexible with the 2 level old system than the perm 4 level.Gc_puli said:If SWA used new 4 level system, it is very difficult to convience them to consider level 1 wage even for entry level position. Other option is alternate survey.
if the company doesn't wana change the PW, what will happen? and if they accept to change it what is their obligation?