Anyone file PERM today?

[tusharvk]

No, only if the PERM PD 'happened' to be before the cutoff date that might/will be established (and how probable is that?)....

I understand that the person's perm pd would need to be before the cutoff date that may be established.
I am not sure how it works; but will the DOS announce the cutoff date of Dec'05 before Dec, say in Oct'05? This will lead to a flood of PERM cases being filed before Dec'05. So is it reasonable to expect the cutoff date of Dec'05 to be declared in Dec'05?
Anybody has any insights about this (from the past EB3 retrogressions)?

 

[bsnf]

I found it difficult to find this Thread again since it was renamed...

if you saw my 2 postings, it was about my employer deleting the emails to log into the system to apply for PERM....now he got the first email with the Username and temporary Password but not the second email with the PIN#....we have sent an email to them for the third time...is there anything else we can do? It's been over 3 weeks now with this game of getting 2 emails in order to apply for PERM!

Thanks for your advice.

Ask your employeer to call DOL

 

[gc_2006]

Well since we don't really know until it happens...
My take is that most probably there will be a jump again (as has sometimes occured) in the past. The cutoff date - announced in Dec'05 - could jump back - say Jan'04. Thereby they exactly avoid what you are talking about. In case with that date the flood of new filings still continues they will keep stepping the cutoff further back until it balances out. I think that's most probably. It most likely will not be that in Oct. they say Dec.05 will be the cutoff or in Dec'05 that Dec'05 is now the cutoff.

I am not sure how it works; but will the DOS announce the cutoff date of Dec'05 before Dec, say in Oct'05? This will lead to a flood of PERM cases being filed before Dec'05. So is it reasonable to expect the cutoff date of Dec'05 to be declared in Dec'05?
Anybody has any insights about this (from the past EB3 retrogressions)?

 

[tusharvk]

Well since we don't really know until it happens...
My take is that most probably there will be a jump again (as has sometimes occured) in the past. The cutoff date - announced in Dec'05 - could jump back - say Jan'04. Thereby they exactly avoid what you are talking about. In case with that date the flood of new filings still continues they will keep stepping the cutoff further back until it balances out. I think that's most probably. It most likely will not be that in Oct. they say Dec.05 will be the cutoff or in Dec'05 that Dec'05 is now the cutoff.

that would make sense for non-perm cases. but with perm, the lc process has been very fast. so it is reasonable to expect one to complete perm\I140\I485 before dec'05 with PD in august'05. In Dec'05 when the cut-off dates are announced (suppose the cut-off is Jan'04), many people after Jan'04 would have already filed their I485. so what happens to them? do they wait for six months and get EAD?

 

[PERM believer]

Basics

Tushar,

Here are the basics of retrogression:

You can file for 485 till the dates retrogress and get EAD.

Once the dates retrogress and cutoff is announced, 485 cannot be applied for (that means no EAD) until PD is current.

For those who have already applied for 485 and EAD, if the cutoff date is earlier than their PD, they wait for their 485 adjudication until their PD becomes current. But they have the benefit of EAD, and all they have to do is patiently wait for the actual green card till PD becomes current.

Hence all this rush for getting 485 in before retrogression - because it assures EAD. 140 application and approval can continue irrespective of the PD and cutoff dates.

that would make sense for non-perm cases. but with perm, the lc process has been very fast. so it is reasonable to expect one to complete perm\I140\I485 before dec'05 with PD in august'05. In Dec'05 when the cut-off dates are announced (suppose the cut-off is Jan'04), many people after Jan'04 would have already filed their I485. so what happens to them? do they wait for six months and get EAD?

 

[dsugandhi]

Possible change in 'One Employee One LC' rule

DOL is re-considering 'One Employee One LC' rule. They has modified the 8/8 FAQ. So possible rule change again. Following is the link for you to read.

http://workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf

 

[harshy]

DOL is re-considering 'One Employee One LC' rule. They has modified the 8/8 FAQ. So possible rule change again. Following is the link for you to read.

http://workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf

Thanks..That was some relief..

 

[knowDOL]

Aila also posted the same at http://www.aila.org/RecentPosting/RecentPostingList.aspx

DOL Removes Multiple Filing Item from Its FAQ
In place of the prohibition on multiple filings in the Labor Department's 8/8/05 FAQ on PERM, the FAQ now states that the "Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near future." AILA had raised several serious concerns about the FAQ with DOL.

 

[tusharvk]

1 week to 1 month for work order
60 days of advertise and market analysis for work order
1-day to 2 month for LC approvals.

some lawyers are indicating 4 months of prep-work before filing lc. you indicate maximum time to file lc as 3 months. why the discrepancy? I need to get this researched before getting back to the lawyer. Can experts clarify?

 

[LaborGC]

Where to specify if EB2 or EB3 when file using Form 9089?

Hi,there,

Many people talked about whether to file under EB2 or EB3. But from my understanding, the only location need to choose which category is on the Form I-140 Part 2, that is after PERM certified. I couldn't figure out anywhere I need to specify if EB2 or EB3 when file using Form 9089. If this is the case, why so many discussions about it even before start PERM. Am I missing anything here?

 

[gc_2006]

You don't put it in the LC but you 'build' the LC such that it supports an EB-2 or EB-3 case. For example you cannot get an I-140 EB-2 through if the LC only stated EB-3 worthy requirements - that's what the discussion is about.

Hi,there,

Many people talked about whether to file under EB2 or EB3. But from my understanding, the only location need to choose which category is on the Form I-140 Part 2, that is after PERM certified. I couldn't figure out anywhere I need to specify if EB2 or EB3 when file using Form 9089. If this is the case, why so many discussions about it even before start PERM. Am I missing anything here?

 

[gc_2006]

The mimimum is at least 60 days. Anything in addition is about how fast you, your lawyer and HR can off their chair and gather info. In some states PWD is a factor but if it is requested at the start of the 60 days it shouldn't be much of a problem.

some lawyers are indicating 4 months of prep-work before filing lc. you indicate maximum time to file lc as 3 months. why the discrepancy? I need to get this researched before getting back to the lawyer. Can experts clarify?

 

[tusharvk]

The mimimum is at least 60 days. Anything in addition is about how fast you, your lawyer and HR can off their chair and gather info. In some states PWD is a factor but if it is requested at the start of the 60 days it shouldn't be much of a problem.

can you suggest lawyer(s) that can pull it off in 60 days?

 

[WhyThisDelay]

gc_2006 and gurus - please comment

Hi gc_2006 and gurus .

I filed my EB3 lc application in april 2003 and it is still sitting in Dallas BEC without any 45 day letter.

As per your reply below, it appears that since you in my LC application my lawyer did not explicitly state EB2/EB3 and I do have masters degree from US, I can concurrently file in EB2 and EB3 when applying for 140. And Since I applied in EB2, I can also file for 485.

The EB2 140 application will sure be denied, but then I'll have the EB3 140 application to fall back on (since all EB2 cases definitely qualify for EB3). The good thing about this is I'll be able to file 485 and get EAD for my wife.

Is the above scenario do-able or did I miss something?

You don't put it in the LC but you 'build' the LC such that it supports an EB-2 or EB-3 case. For example you cannot get an I-140 EB-2 through if the LC only stated EB-3 worthy requirements - that's what the discussion is about.

 

[arifur]

hello everyone,
I have two questions -
i. what is the option if LC gets denied under PERM? whatif someone is in 6th yr already?

ii. what is success/reject rate on PERM so far?

I am new in this forum and could not find such question/answer. sorry if this is repetitive questions.

thanks

 

[GC_DJ]

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.

Hi,there,

Many people talked about whether to file under EB2 or EB3. But from my understanding, the only location need to choose which category is on the Form I-140 Part 2, that is after PERM certified. I couldn't figure out anywhere I need to specify if EB2 or EB3 when file using Form 9089. If this is the case, why so many discussions about it even before start PERM. Am I missing anything here?

 

[peace4u]

PERM success rate and speed of response?

Hi, does anybody know what is the recent success rate of PERM and how quickly are we able to get responses to the applications filed?. Is it usually 2-3 months?

thanks!

 

[Slade245]

30 days minimum

can you suggest lawyer(s) that can pull it off in 60 days?

The mandatory recruitment steps must be conducted at least 30 days, but no more than 180 days, before the filing of the application.
one of the recruiment steps is a job opening with the state. the job order must be open for 30 days. during these 30 days you can make all other steps ready. therefore you can actually file on the 31st day.
lawyer dont like to be under preasure so they tell clients that it takes longer.

 

[gc_2006]

The question of 'how long' has been asked so often now and keeps repeating.
I guess you cannot put it better than the attorney says it here:
http://www.murthy.com/news/n_howlon.html

Hope this helps.

 

[gc_2006]

during these 30 days you can make all other steps ready. therefore you can actually file on the 31st day.

I am sure you mean 61st day because that's what DOL says how long it should take - 30 days recruitment (incl. job order) and an additional 30 days of waiting. Then you are allowed to file.