Anyone file PERM today?

[gc_2006]

Basically if you have an EB-2 eligible case you may also file an EB-3 I-140 but not the other way around.

The job requrement determines whether you can file I-140 in EB2 or EB3. You can only file I-140 in EB2 if the LC states the job requirement for the position is atleast BS + 5 years or MS + 0 year education/experiance combination.

 

[WhyThisDelay]

Hi gc_2006 and other gurus.

My LC applications states BS + 1 year requirement. But my educational/experience is sufficient for EB2 application.

Can I apply I140 both in EB2 and EB3 and apply 485 also at the same time? I want to do this because I want to get EAD at the soonest.

Thanks.

Basically if you have an EB-2 eligible case you may also file an EB-3 I-140 but not the other way around.

 

[gc_2006]

From your description of BS+1 you are not eligible for EB-2. These categories are a COMBINATION of YOUR experience AND the job's requirements. If these don't match to make it an EB-2 case then you have none.
You could have multiple Phd's and whatever else - if the job doesn't require it you have no EB-2 case. That's why that is so tricky.
Do you have an approved LC? Can't you investigate if your job supports a MS+1 or BS+6 requirement?

My LC applications states BS + 1 year requirement. But my educational/experience is sufficient for EB2 application.

Can I apply I140 both in EB2 and EB3 and apply 485 also at the same time? I want to do this because I want to get EAD at the soonest.

 

[WhyThisDelay]

gc_2006

Thanks gc-2006.

My job does support MS+1 year (although my LC application says only BS + 1 year). In fact people who are recruited recently in same job as mine have masters and are filing as EB2 in PERM. My managers have even allowed me to file a brand new LCA in EB2/PERM. But this would take some time and by that time EB2 will be backlogged too.

What I was thinking was that use my old LC application. File 140 in both EB2 and EB3 (it costs only $190 extra) and since i filed EB2 140 with 2003 PD LC, I will be allowed to file 485 too. It is a separate story that EB2 I140 will be denied for sure and EB3 I140 will be approved. The good part of this is I will get EAD, which my spouse needs real bad.

Do you see any problem/ potential problem with trying the above thing?

BTW - I dont have approved LC. My LC is pending in Dallas BEC, but I'm expecting it to be approved in next 3-4 months.

Thanks in advance.

From your description of BS+1 you are not eligible for EB-2. These categories are a COMBINATION of YOUR experience AND the job's requirements. If these don't match to make it an EB-2 case then you have none.
You could have multiple Phd's and whatever else - if the job doesn't require it you have no EB-2 case. That's why that is so tricky.
Do you have an approved LC? Can't you investigate if your job supports a MS+1 or BS+6 requirement?

 

[GC_DJ]

You have to follow the guidelines setup by USCIS. No attorney will be willing to file I-140/I-485 in EB2 by knowing it will be rejected. Play it safe and by the rules. USCIS will have record of all the applications. If they detect this you have face the consequences.

Thanks gc-2006.

My job does support MS+1 year (although my LC application says only BS + 1 year). In fact people who are recruited recently in same job as mine have masters and are filing as EB2 in PERM. My managers have even allowed me to file a brand new LCA in EB2/PERM. But this would take some time and by that time EB2 will be backlogged too.

What I was thinking was that use my old LC application. File 140 in both EB2 and EB3 (it costs only $190 extra) and since i filed EB2 140 with 2003 PD LC, I will be allowed to file 485 too. It is a separate story that EB2 I140 will be denied for sure and EB3 I140 will be approved. The good part of this is I will get EAD, which my spouse needs real bad.

Do you see any problem/ potential problem with trying the above thing?

BTW - I dont have approved LC. My LC is pending in Dallas BEC, but I'm expecting it to be approved in next 3-4 months.

Thanks in advance.

 

[gc_2006]

OK, lets see about some of your ideas.
1) How much longer do you have on H-1B?

My job does support MS+1 year (although my LC application says only BS + 1 year). In fact people who are recruited recently in same job as mine have masters and are filing as EB2 in PERM. My managers have even allowed me to file a brand new LC in EB2/PERM. But this would take some time and by that time EB2 will be backlogged too.

What nationality are you? They project EB-2 to be backlogged for India & China by December. You should get a PERM EB-2 filing on the way ASAP.

It is a separate story that EB2 I140 will be denied for sure and EB3 I140 will be approved.

Where is this EB-3 coming from? From the BEC? Good luck - it may still take a while. So far India & China are backlogged severely in EB-3 and all other countries are unavailable. Therefore you most probably cannot file I-485 at the time you finally get the BEC LC (unless it takes so long you date becomes current again).

The good part of this is I will get EAD, which my spouse needs real bad. Do you see any problem/ potential problem with trying the above thing?

I am not sure where you see a 'good part' in all this. You cannot get EAD at all if you cannot file I-485!!!! and that is very unlikely given your EB-3 plan. Yes - I do see major problems with your plan. Lets say hypothetically speaking you get an EAD because you somehow miraculously happen to be able to file an I-485 based on a 'shaky' EB-2 I-140. As soon as that gets denied your wife loses EAD and would potentially have trouble getting back to H-4 again (new filings/petitions). It would be worse if she had to quit her job very soon again then if she had never started I would say.

BTW - I dont have approved LC. My LC is pending in Dallas BEC, but I'm expecting it to be approved in next 3-4 months.

I admire your optimism and wish it would come true.
Your best bet I would say is to get a PERM EB-2 on the way and set yourself up for future success. All these other things either don't work outright or set you up for more problems. Once you have the PERM LC file I-140. Once that is approved you have a PD for all future filings and can extend H-1B in 3-year increments if visa numbers are unavailable.

 

[WhyThisDelay]

Thanks GC_2006, GC_DJ for your inputs.

Please see my info inline:

OK, lets see about some of your ideas.
1) How much longer do you have on H-1B?


What nationality are you? They project EB-2 to be backlogged for India & China by December. You should get a PERM EB-2 filing on the way ASAP.

I am from India. I have 2 years left on my H1

Where is this EB-3 coming from? From the BEC? Good luck - it may still take a while. So far India & China are backlogged severely in EB-3 and all other countries are unavailable. Therefore you most probably cannot file I-485 at the time you finally get the BEC LC (unless it takes so long you date becomes current again).

I am not sure where you see a 'good part' in all this. You cannot get EAD at all if you cannot file I-485!!!! and that is very unlikely given your EB-3 plan. Yes - I do see major problems with your plan. Lets say hypothetically speaking you get an EAD because you somehow miraculously happen to be able to file an I-485 based on a 'shaky' EB-2 I-140. As soon as that gets denied your wife loses EAD and would potentially have trouble getting back to H-4 again (new filings/petitions). It would be worse if she had to quit her job very soon again then if she had never started I would say.

I see your point. But to save some of the shakiness coming from EB2 filing, I'll be filing EB3 also for I140 at the same time (it is allowed by law). So because I filed a shaky EB2 too, I'll be able to get EAD. The EB2 I140 will be dinied and EB3 will be approved, so ultimately it wont adversely impact my overall gc process (that is what I think, although I'm not so sure)



I admire your optimism and wish it would come true.
Your best bet I would say is to get a PERM EB-2 on the way and set yourself up for future success. All these other things either don't work outright or set you up for more problems. Once you have the PERM LC file I-140. Once that is approved you have a PD for all future filings and can extend H-1B in 3-year increments if visa numbers are unavailable.

I know I'm being overly optimistic, but there is 1-5% chance of it coming true and I'm working on the assumption that this will be true (my lawyer thinks that the approval will come in next 6 months for sure) . I'm going to file PERM EB2 too, but it will be at least sept 30 before I can file (due to huge documentation and lazy lawyers at my company). But again, once this one is approved (assuming 3-4 months time it takes for PERM approvals) - EB2 category will become backlogged too. So this route wont probably give me EAD soon - which is what I'm looking for.

Please let me know what you guys think.

 

[gc_2006]

WhyThisDelay

From your profile I see you never got your 45 day letter....are you sure your case is still pending and not already dead? (just a thought). In the light of this you are surely being over optimistic.

I see your point. But to save some of the shakiness coming from EB2 filing, I'll be filing EB3 also for I140 at the same time (it is allowed by law). So because I filed a shaky EB2 too, I'll be able to get EAD. The EB2 I140 will be dinied and EB3 will be approved, so ultimately it wont adversely impact my overall gc process (that is what I think, although I'm not so sure)

First you talk about your wife for EAD, now you mention it for yourself. Be very careful - once you switch to EAD yourself your H-1B is deemed abandoned. Then, once the EAD becomes invalid due to frivolous filing of the EB-2 I-140 you CANNOT go back to your old H-1B (if you try to get a new one you are subject to the cap again....).

so ultimately it wont adversely impact my overall gc process

From what you describe here it very much has the potential to screw your case up majorly - maybe such that you do not even get GC at all since your employer won't continue to sponsor you after you have to leave due to your own mistake. You are in a GREAT! position with 2 years left on H-1B. If you start doing weird things now you might find yourself faster at home than you had thought.
I think we have covered this enough and I am sure you get the point. If not, don't come back complaining if your frivolous EB-2 filing blew up. Anyway, no reputable lawyer and employer will go with this anyway.

 

[GC567]

PERM for consultant

Hi GC gurus,

I am new to this forum. I am a consultant with an MS and 3 yrs exp. I am planning to apply for GC in EB2 and my employer says that he is unaware of any LC approvals for consultants and the PERM process is not yet refined for those who are working through consultancies. Is that true??? Thanks in advance.

 

[WhyThisDelay]

Thanks gc_2006.

Thanks gc_2006 for your valuable inputs.

I'll keep your suggestions in mind.

From your profile I see you never got your 45 day letter....are you sure your case is still pending and not already dead? (just a thought). In the light of this you are surely being over optimistic.



First you talk about your wife for EAD, now you mention it for yourself. Be very careful - once you switch to EAD yourself your H-1B is deemed abandoned. Then, once the EAD becomes invalid due to frivolous filing of the EB-2 I-140 you CANNOT go back to your old H-1B (if you try to get a new one you are subject to the cap again....).



From what you describe here it very much has the potential to screw your case up majorly - maybe such that you do not even get GC at all since your employer won't continue to sponsor you after you have to leave due to your own mistake. You are in a GREAT! position with 2 years left on H-1B. If you start doing weird things now you might find yourself faster at home than you had thought.
I think we have covered this enough and I am sure you get the point. If not, don't come back complaining if your frivolous EB-2 filing blew up. Anyway, no reputable lawyer and employer will go with this anyway.

 

[labor2005]

My HR has notified me today that my PERM case has been denied. Case was filed on Aug 9th, received some mail from DOL with some queries about wage and advertisements.

Can someone let me know following?

1. Since I'm new to this PERM process, what should I ask my HR to know the reasons of denial? Can someone send me specific questions that I should ask my HR?

2. Any other PERM denial for cases filed on Aug?

Here is my case detail:-
Case filed on: Aug 09, 2005
Category: EB2 (BS + 7yrs)
Processing Center: Atlanta
Application Status: Denied

Please help me.
Thanks.

 

[Nirvan]

My friend filed on 8/9 and got certified today from Atlanta. Software engineer

 

[WhyThisDelay]

Was he EB2 or EB3?

My friend filed on 8/9 and got certified today from Atlanta. Software engineer

 

[tusharvk]

EB2 LC & retrogression

What kind of docs are needed for one to prove that MS is a requirement for a position so that the LC can be certified in EB2 category?
The lawyer is going to leave it to the employer to prove this.
Thanks for sharing your experience.

Also if EB2 retrogresses in december'05 is it likely that the numbers will be available in the next quarter of FY06 (like say in march'06)?

 

[tusharvk]

LC & GC steps

Here is a fairly comprehensive summary of PERM and the other GC steps.

http://www.usabal.com/permres/PERM_Overview.html

 

[rainbow88]

sharing experience

I have been a slient obsever of this forum. This forum gave me so much help while I was filing PERM. Now I'd like to share my experiences with everbody.

On line status shown the same with others: Audit Review -- Final Reivew -- In Process -- Certified

In Atlanta center.

Perm filed: May 17, 2005
Audit letter Received: May 25 (the letter was dated May 18, 05)
Response to Audit letter mailed: May 30
Date certified: August 18
Date of physical Lab certification received: August 26.

By the way, I didn't use the lawyer.

Be patient and be confident with your filing. Good luck to everybody.

 

[Slade245]

I have been a slient obsever of this forum. This forum gave me so much help while I was filing PERM. Now I'd like to share my experiences with everbody.

On line status shown the same with others: Audit Review -- Final Reivew -- In Process -- Certified

In Atlanta center.

Perm filed: May 17, 2005
Audit letter Received: May 25 (the letter was dated May 18, 05)
Response to Audit letter mailed: May 30
Date certified: August 18
Date of physical Lab certification received: August 26.

By the way, I didn't use the lawyer.

Be patient and be confident with your filing. Good luck to everybody.

Congrats!! can you please give us information about the audit? what did they want? why? and how did you reply?

 

[bsnf]

My HR has notified me today that my PERM case has been denied. Case was filed on Aug 9th, received some mail from DOL with some queries about wage and advertisements.

Can someone let me know following?

1. Since I'm new to this PERM process, what should I ask my HR to know the reasons of denial? Can someone send me specific questions that I should ask my HR?

2. Any other PERM denial for cases filed on Aug?

Here is my case detail:-
Case filed on: Aug 09, 2005
Category: EB2 (BS + 7yrs)
Processing Center: Atlanta
Application Status: Denied

Please help me.
Thanks.

The denial letter show have the reason the case was denied.
You can now appeal or refile.

Do you know the sequence of status shown online.
Ex: Sponcership - In Process - Denied.

 

[labor2005]

Hi,
I've been able to get the denial letter from my HR and here is what it says:-

************************************
Section I of ETA Form 9089 indicates the occuptation is non-professional. However, the SOC for the occupation listed on the application is found on the list of Professional Occupations from Appendix A of the Preamble to 20 CFR 656. Beacuse the required recruitment process was not conducted, the application is denied.

The application indicates that a Sunday edition of newspaper of general circulation was available but not used. Per 656.17(e), the application is denied.

The application indicates that a Sunday edition of newspaper of general circulation was available for the second required advertisement but not used. Per 656.17(e), the application is denied.

The application indicates the advertisements used for the recruitment effort did not occur within the allowable time stated per 656.17(e) (at least 30 days, but no more than 180 days from the date the application was filed). Therefore, the application is denied.

The expiration date for the Prevailing Wage is either less than 90 days or more than 1 year from the date the prevailing wasge determination was made. Per 656.40 (c), the prevailing wage is invalid and the application is denied.
***********************************

One thing I know that my company has done some big stupid thing but not exactly what.

Can someone help me understand this denial letter?

Thanks,
Amit

The denial letter show have the reason the case was denied.
You can now appeal or refile.

Do you know the sequence of status shown online.
Ex: Sponcership - In Process - Denied.

 

[perm_eb2_wanted]

congrats rainbow88

was it EB2/EB3