Atlanta center

M

mkung

Registered Users (C)
Guys - Whats up with the Atlanta PERM center? Why is it so slow these days? I have an EB2 perm application pending since late August 2006 and my H1B is expiring in about 4 months and the wait is a nightmare!

Why are so applications approved asap while others languish for a while and is Atlanta adopting a first in first out approach to their cases?
 
I'm in the same boat except my H1B is up at the end of Dec.

I have no idea why they're so slow when Chicago are processing within 2 weeks.

No answer to your question but you're not the only stressed out person out there.
 
Sucks to be EB2 and be on that boat. On the other hand, I'm EB3, and I'm going to wait no matter what... What I am frustrated about is the fact that if I get denied after all this wait, then all of the recruitment effort is wasted, and has to be redone.
 
Immagraboy,

Is there a specific reason you know of that it takes longer to process EB3? Or is it just based on the processing times that people have reported?

Thanks
 
Another question, why was your PERM denied? I can't imagine going through this hell twice. I'm sorry that you had to.
 
I am not claiming that EB3 LC files take longer. I am saying that the I-485 wait is longer on EB3, due to priority dates being waaay in the past. So whether I have my LC today or in 6 months, I am still going to have to wait until my 2006 PD becomes valid, which could be a while...

As far as your second question, my PERM got denied due to a technicality, my entry dates of employment were 10 days short of the number advertised, which probably triggered an auto denial with the computer. We fixed the discrepancy and re-applied. All in all, I lost about a month from PD, which may or may not make a difference down the road.
 
Thanks for the reply guys.

Don't know if there is any way to check or expedite or do an inquiry with Atlanta. I did check out trackitt.com, and it seems that there is more activity recently, but there is still a lot of folks out there who have been waiting for more than 80 days. Are they still doing first in first out (FIFO) or is it abandoned completely? It makes no sense how Atlanta, and to a certain extent Chicago, is processing PERM cases - i mean PERM is supposedly technology driven, but it seems that cases are processed randomly.

Sucks really
 
mkung,

You can check your application online, your lawyer and your boss have an account with DOL, they can check for you if you ask them. Lawyers are discouraged from sending inquiries to service centers before 90 days (so i'm told by my lawyer). I guess after that, your lawyer can send an email. I have not heard of a way to expedite the applications.

My thesis is that the cases that are crystal clear get approved in 15 days, straight thru the computer. Other cases are reviewed by officers, taking a long time... But that's only a thesis....

By the way, my employer let me know today that I got certified... I will stick around in this section a little more to help people with my experiences. Good luck to you all!
 
Congrats Immigraboy,

I'm also EB3 but I'm just interested in extending my H1B first of all. I'll worry about the rest later.

Good luck with your I-140...
 
Are you allowed to automatically extend your H-1 beyond the 6th year after you apply to I-140? I thought I-140 had to be pending for a while...
 
you can extend (past the 6th year) your H1B if either the following occur:

1) your labor certification application has been pending for more than 365 years (1 year extensions beyond the 6th year)
2) if you have an approved I140 (you can do a 3 year extension i think)
 
You can extend your H1 for 1 year based on a pending I-140. You can extend your H1 for 3 years based on an approved I-140.

Atlanta is pretty much the DEVIL of the perm centres. Avoid it at all costs. Chicago is much more accomidating.
 
I trust my lawyer on this and you cannot extend a H1-B based on a pending I-140. I guess you are trying to time everything properly and hope that you have an approved I 140 once the service center RFEs you (with respect to your H1B extension).
 
Premium processing times for I140s under are around 2 weeks, presuming there are no problems. So PERM, the very stage I thought wouldn't take so long (45-60 days yeah sure) is the very thing that's holding me up.

Oh well. Just have to wait and see or bail out of the US and start afresh somewhere else.
 
I repeat my previous statement. You can file for a 1 year extension based on a pending I-140 and a 3 year extension based on an approved I-140. Since I've been filing these cases for over 5 yeras, I'ld like to think that I know what I'mt alking about, kung.
 
Finally, my PERM is certified! Thank God for this Amen! and I am really grateful to my attorney for his counsel and work. Anyone need an attorney? - do let me know as this guy is great, you deal with him directly, he is fast and knowledgeable and there is no need to waste your time dealing with paralegals.

My EB2 case was filed on 8/30 and got approved either on 10/26 or 10/27. Now its time to deal with the bullshit on the I140 stage and the I485 stage. Will have to decide to see if its best to extend my H1B (based on an anticipated approved I-140) or skip the H1B and just get an EAD card. Thanks to all and good luck to all who are still waiting.
 
Last edited by a moderator:
I've read that you can extend you H1B beyond 6 years if :

1) Labor is pending longer than 1 year
or
2) Approved I-140
 
lastminuter

Thank you for correcting our "paralegal" friend -this is exactly one reason why i don't use paralegals. As always confirm your findings with your attorney. There is even a USCIS memo on this - H1Bs can only be extended past the 6th years if

1) labor is pending for more than 365 days (you get one year extensions) OR
2) I140 is approved (you can extend your H1b for 3 more years)
 
mkung said:
Finally, my PERM is certified! Thank God for this Amen! and I am really grateful to my attorney for his counsel and work. Anyone need an attorney? - do let me know as this guy is great, you deal with him directly, he is fast and knowledgeable and there is no need to waste your time dealing with paralegals.

My EB2 case was filed on 8/30 and got approved either on 10/26 or 10/27. Now its time to deal with the bullshit on the I140 stage and the I485 stage. Will have to decide to see if its best to extend my H1B (based on an anticipated approved I-140) or skip the H1B and just get an EAD card. Thanks to all and good luck to all who are still waiting.
Click to expand...


Can you please post your attorney details?

Thanks.
 
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