Hey Guys,
I had a tele-conference with my lawyer today regarding GC status. Here are some things he said. Again I am just passing on info I have received, please use your discretion to accept/reject
- He said that he checked on my LCA app (ATL DOL RD July 7 2003). App has not yet been sent over to BPC but will be sent to BPC by the end of this month. He expects to see a 45-day letter between April - July 05.
- His realistic advice was that he expects LC approval between 1-2 yrs from now. He said that with the BPC doing FIFO, older states like NY etc will come first in queue, plus they have not decided if they will treat RIR/non-RIR seperately. He doubts we will hear this year.
- His advice about any options with PERM:
a) Can file PERM, withdraw LCA, keep PD. But new costs and recruiting needed (same cost as a new GC appl to employer). And 4-5 months prep time before filing PERM.
b) Can apply for PERM as a second seperate application, but this will have new PD of 2005. He doesn't think we could move to EB2, since same company - so this option still means EB3 for me.
Currently my company is undergoing a name change, so for my specific situation, he advises to wait until after all changes (2-4 months) to decide/file under PERM.
For now I am not planning to pursue PERM (my company IS willing for the additional costs, but I have to wait till name change is complete). I plan on watching how retrogression and LC approvals move in the next few months.
One thing I didn't know was - he said that if by any chance I am laid off, I can get H1B extensions at the new company based on this LC application pending 365 days, provided my current employer does not withdraw the app. This gives me some safety net as I go through this dreaded wait!
Thought this info may help the forum.
- Dru