Clarifications about PERM process

A

adapa

Registered Users (C)
I have been working for a state university since 3 years (2 years on H-1B visa & 1 yr on OPT). Now, the university is ready to start my GC proces, but they want to clarify few things before they start the process (PERM)...

1. Do I have to apply for the job, when they announce my job in different media as part of Permanent Residency application process? If yes, can I use my current experience (3 yrs) which I gained in this same job, when I apply for the position? If I can't use this experience, what all the other alternative ways I can use this experience in order to be the best candidate for the job?

2. Once they announce for this position as part of PR application, can they stop the process or withdraw the application, if they find a better candidate than me, enabling me to continue with the job instead hiring the other candidate to replace me?

3. How complicated is it to file & succeed in Employment based Permanent Residency application under new PERM process when compared to the conventional process? How different is it from the previous procedure? What is the current succes rate under PERM process?

Thank you very much for any advice,

I really appreciate your time & help,

-Adapa
 
Why did you wait 2 years to file a GC? I hope that you are qualified for the EB2. I started my GC process in 2002 under the EB2 @ VSC. It has been almost 3 years. My 485 is still pending.

1. NO you don't because you are on the job.
2. It's called the Labor Cert. They can do what they want. But the intent is to help you with your GC not to find a replacement of you. Is that correct? Make it clear with your employer. Draft the ad carefully. Find a good Imm. lawyer. You should be find.

3. That's new stuff. Good luck
 
Thank you!

Hello 617D,

Thank you very much for your reply. I almost lost hopes that some one would reply to my post as it's been almost two weeks I posted.

All these two years, I waited for PERM process with an assumtion that it would be amazingly fast (as my case goes to the fastest :( processing center...Texas...). But when it came to realty...I am repenting my decision now.

Any way, regarding my employer, their intention is to help me with GC...not to replace me and we must work with our university's attorney only. From what I heard, our attorney has good knowledge about this process (they processed many Faculty GCs but mine is their first non-faculty GC application). They are trying to fit my case in EB-2..I 'll have to wait and see how it goes.

How about your case, why is it taking so long...how long did it take for your LC? Did you get to file 140 & 485 parallelly? Looks like they changed that rule now (they started some quota for one of these steps..???).

Good luck with your 485.

Thanks again,

best,

-adapa
 
Hi there:

You didn't get many responses because this one is not as active. You might want to try elsewhere.

I agree that the Labor Cert. is the difficult and lengthy part of the GC process. My Labor Cert. got approved less than a year at the Philadelphia office. I don’t know where yours is supposed to go. The new LC process is supposed to reduce the processing time significantly. It’s about all I know.

FYI, the Texas processing center is the worst one as far as processing 485 goes. As of today, TX is processing 485 received on 5/03, Nebraska 7/03, and Vermont 8/04. The CA center is the best processing 485 received on 3/05.

You must work with the U attorney. Why? You can use any Imm. lawyers you want to. Is the university lawyer properly motivated to handle your case? You have four years left on the H-1. A small mistake in your GC paperwork might cost you a lot time to fix. Time is very critical to you right now. IMO, you need to act ASAP. Don’t waste another day. The following is my GC timetable.

EB2 @ Vermont
PD 3/03
140/485/EAD filed 6/04
140 AP 2/05
FP 4/05
2nd EAD 4/05
485 someone’s desk @ Vermont :confused:
 
adapa said:
I have been working for a state university since 3 years (2 years on H-1B visa & 1 yr on OPT). Now, the university is ready to start my GC proces, but they want to clarify few things before they start the process (PERM)...

1. Do I have to apply for the job, when they announce my job in different media as part of Permanent Residency application process? If yes, can I use my current experience (3 yrs) which I gained in this same job, NO when I apply for the position? If I can't use this experience, what all the other alternative ways I can use this experience in order to be the best candidate for the job? First of all, what is the job description and requirements. You can not customize the job to fit you.

2. Once they announce for this position as part of PR application, can they stop the process or withdraw the application, if they find a better candidate than me, (if employer get good local candidate, they have to absorb him. ) you will loose the chance. enabling me to continue with the job instead hiring the other candidate to replace me?

3. How complicated is it to file & succeed in Employment based Permanent Residency application under new PERM process when compared to the conventional process?

If you hire a good immigration attorney you no need to worry about that,
How different is it from the previous procedure? What is the current succes rate under PERM process?

Thank you very much for any advice,

I really appreciate your time & help,

-Adapa
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