Anyone file PERM today?

[rainbow88]

Eb2

 

[tusharvk]

to rainbow88

Eb2

how long was the pre-filing prep time for you?

 

[gc_maze]

Is coop experience counted towards BS + 5 yrs in PERM EB2 ?

A friend has done her BS and has 4yrs and 7 months of fulltime work experience. She also has 5.5 months of full time coop experience, which she did while doing BS. She has a EB3 NONRIR/TR application in BEC, PD May 2004, with no developments. Current employer will not do PERM.
Now, another employer B has agreed to do PERM, EB2; with salary and senior position.
1. Will her coop experience be counted towards PERM EB2 ?
2. Assuming PERM LC goes through as EB2; at I140 stage, will it be rejected or will she be asked to convert to EB3 ?

Thanks in advance!

 

[gcman9]

Hi all,
After you submit the online PERM application, will your employer get the sponsorship mail immediately? If your employer gets the mail within half an hour, is it a good sign or normal? (one of my friend's employer got email just within 20 minutes)

-Gcman.

 

[rainbow88]

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

Reason for Audit:
NOT NORMAL for job requirement.

They want:
- copy of submitted Form ETA9089
- a recruitment report
- evidence of recruitment efforts
- copy of prevailing wage determination received form state workforce agency.

 

[rainbow88]

how long was the pre-filing prep time for you?

I don't know how to calculate the prep time. Since I didn't use a lawyer, it took me some time to learn the procedure and requirement of PERM. After I placed job order in March, I just waited for 2 months as requested (30days job order placed + 30 days after) before filling.

 

[Slade245]

Reason for Audit:
NOT NORMAL for job requirement.

They want:
- copy of submitted Form ETA9089
- a recruitment report
- evidence of recruitment efforts
- copy of prevailing wage determination received form state workforce agency.

thanks for the info. you did a great job.
do we must wait 30 + 30 ? no shortcuts here?

 

[bsnf]

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

They has stated so many reasons for denial.

The Job code used in the application was non-professional, but they think you are working in a professional occupation.
The 2 required sunday Newspaper ads were either not placed or were placed 180 days before the application.
One of your recruitment effort was done either less than 30 days of filing or more than 180 days from the date of filing (You should file your application 30 days after all recruitment effort is done and all recruitment effort should be done within 180 days of filing - Stupid Rule).
Some problem with the Prewailing wage document used.

Did you use a lawyer to file?
Was your application get denial immediately?

 

[bsnf]

Hi all,
After you submit the online PERM application, will your employer get the sponsorship mail immediately? If your employer gets the mail within half an hour, is it a good sign or normal? (one of my friend's employer got email just within 20 minutes)

-Gcman.

Normally with PERM you should get a e-mail in 20mins as it is automated process. In my wifes case her employeer did not get the e-mail (They have spam blocker), but someone called after 7 days and asked the same questions in the e-mail.

 

[gcman9]

Thanks bsnf,
If the email is an automated process then how come so many people who filed earlier did not get the email? Any guess? And also I learnt from the forum that few people who got email within half an hour got their approval within two weeks. (may be the approval has got nothing with the email timing)

-gcman

 

[chefinhouston]

anyone else from texas?

hi all, this page is really helpful, I have hired a lawyer and he has filed for my labour cert at the start of june and he says there is still not response, Is this correct ? Can i look it up on line to make sure everything has been filed or in there other people waiting just as long as me?. we have done all the required advertiseing and waiting so does anyone know what the problem is? Thanks

 

[indomitable_77]

Perm Eb2?

Hi All,
Plz share ur precious knowledge and try to clarify the following Q'z that i've b4 getting started.
1. Do i qualify to file GC under EB2 category if the job requirement says MS+1 yr exp?
My Details:
-MS in EE from US
-BE in ECE from India
-1 yr experience as Programmer Analyst from previous employer in US
-almost 1 yr with current employer (may not be counted as exp.)
-2 yrs of IT experience in India (may not be counted)
2. Does my Salary or Employer's financial data also play a role in determining whether i fall under EB2 or not?
If yes, what is the salary level (prevailing wages) that needs to be matched for EB2 case for Programmer Analyst or equivalent (Computer Programmer maybe the relevant selection from the list given)?
3. Can the work experience in US university while on F-1 or OPT be counted?
4. In addition to a person having credentials and the employer's minimum requirements for the offered position matching with EB2 requirements, what r the chances that DOL will recognize that EB2 requirements r common for this position (Computer Programmer) or are specifically needed by the employer? In brief, what r the chances that Labor gets cleared without having RFE's for such job positions?

Thanks u.

 

[gc_2006]

Re: Is coop experience counted towards BS + 5 yrs in PERM EB2 ?

First if you are mentioning 5.5 months that's telling me you are really cutting it close. Why doesn't she wait 5 more months then she definitely has 5 years of experience (or is it a time issue)? Further, in order to actually be credited with all the work experience she needs to have letter stating: company, job title, hours/week worked, salary, dates employed (day)/month/year [position duties - some lawyers desire that some don't]. I am not sure about coop but since anyone and their grandmother is going for EB-2 right now and PERM is anything but predictable don't risk it because of some few months.

A friend has done her BS and has 4yrs and 7 months of fulltime work experience. She also has 5.5 months of full time coop experience, which she did while doing BS. She has a EB3 NONRIR/TR application in BEC, PD May 2004, with no developments. Current employer will not do PERM.
Now, another employer B has agreed to do PERM, EB2; with salary and senior position.
1. Will her coop experience be counted towards PERM EB2 ?
2. Assuming PERM LC goes through as EB2; at I140 stage, will it be rejected or will she be asked to convert to EB3 ?

Thanks in advance!

 

[gc_maze]

Thanks gc_2006 !

Thanks gc_2006 ! Appreciate it.
She can get the work experience letters containing the details for the fulltime coop period. Also, she has 2 yrs of H1 in her hand. Present employer position is unstable, so EB3 non-rir in long run is risky. If EB2 perm goes through, at the most USCIS will ask for II40 for EB2 to be converted to EB3, right ? Atleast she will have I140 in hand and then apply for 3 yr extension. If EB2 goes through, then nothing like it. Also, by the time she joins employer B, she will be short of 3 months, if her coop is not counted.

Again, thanks in advance !

First if you are mentioning 5.5 months that's telling me you are really cutting it close. Why doesn't she wait 5 more months then she definitely has 5 years of experience (or is it a time issue)? Further, in order to actually be credited with all the work experience she needs to have letter stating: company, job title, hours/week worked, salary, dates employed (day)/month/year [position duties - some lawyers desire that some don't]. I am not sure about coop but since anyone and their grandmother is going for EB-2 right now and PERM is anything but predictable don't risk it because of some few months.

 

[gc_2006]

Thanks gc_2006 ! Appreciate it.
She can get the work experience letters containing the details for the fulltime coop period. Also, she has 2 yrs of H1 in her hand.

Get all letters she can (wthout causing suspicion with present employer yet)

Present employer position is unstable, so EB3 non-rir in long run is risky. If EB2 perm goes through, at the most USCIS will ask for II40 for EB2 to be converted to EB3, right ?

I hear you - better get out fast. Hm, they mught give RFE trouble before that. If EB-3 happens to be available when she files I-140/I-485 she could file EB-3 right away and avoid hassle.

Atleast she will have I140 in hand and then apply for 3 yr extension. If EB2 goes through, then nothing like it. Also, by the time she joins employer B, she will be short of 3 months, if her coop is not counted.

Right. Since PERM preparations take at least 2 months+ then she will have the full experience at the moment PERM will be filed and should get a letter from her new employer and state the full experience in PERM.

 

[gc_maze]

Thanks, once again gc_2006 !

Thanks, once again gc_2006 !
You have been very helpful, I appreciate it very much.
Thanks !

Get all letters she can (wthout causing suspicion with present employer yet)

I hear you - better get out fast. Hm, they mught give RFE trouble before that. If EB-3 happens to be available when she files I-140/I-485 she could file EB-3 right away and avoid hassle.

Right. Since PERM preparations take at least 2 months+ then she will have the full experience at the moment PERM will be filed and should get a letter from her new employer and state the full experience in PERM.

 

[indomitable_77]

Plz respond

Hi all,
Can anyone answer my Q's plz....i'm waiting on ur replies to make my decision. THank u.

 

[araj_98]

is "Approved" official status terms for PERM?

EB2 CIS Manager

MS+ 2yrs

Atlanta

applied on: 8/31

wondering how much time would it take to become "Certified" from "Approved" <-- is there a status like that?

My lawyer says, its taking 60-120 days for the entire process.

any ideas guys?

ps. dont mean to double-post it. I have it posted in a tracking thread too for tracking only.

 

[DBPERM]

Filed

Filed EB2 Labor yesterday (8/31/2005).
Job Title: Programmer

Will keep y'all updated.

Thanks.

 

[gocard]

How long it takes to get docs ready?

Can some one help me
how long it takes to prepare documents ready to file under perm?