File Labor Cert Thru Existing Process or PERM, Verge of completing 6 Years

[ImmigUser]

Hello to everybody,

I have a question and its very important for me...

I am on the verge of completing my 6 years, and my company applied for 7th year extension based on my labor certification pending since May 2001.

Recently My Wife got her H1 approved and started working, She only has 2 years of Indian experience and we are planning to apply for her Labor Cert.

Can anyone please advise on whether to apply her Labor Cert before the PERM stars using the existing system or to apply after PERM starts..I would appreciate your prompt response on this as We have a very short time.


Thanks,
ImmigUser

 

[knowDOL]

Better to go with what ever her company attorney suggests. Everyone else, who doing against their attorney's suggestion are agreeing take risk with PERM and proceeding further whether it is EB2 or EB3.

May be it is just a fear and may be PERM is all good, I talked to three attorneys so far, they suggest current saying that they don't know how the new system is. If you want to know new system you can apply in PERM though. It depends on how innovative you are about things that are in DOL hands and not yours.

Hello to everybody,

I have a question and its very important for me...

I am on the verge of completing my 6 years, and my company applied for 7th year extension based on my labor certification pending since May 2001.

Recently My Wife got her H1 approved and started working, She only has 2 years of Indian experience and we are planning to apply for her Labor Cert.

Can anyone please advise on whether to apply her Labor Cert before the PERM stars using the existing system or to apply after PERM starts..I would appreciate your prompt response on this as We have a very short time.


Thanks,
ImmigUser

 

[drhnp]

It may depend upon the category she is filing under. If she is EB2 then you may want to wait for PERM as retrogression will affect EB3 more. With PERM, if the LC is cleared, you can file with USICS promptly as EB2 is still current for EB2. On the other hand, it would make no differnce if she is EB3 as you'll have to wait for the PD to become current.

Sincerely

 

[desp2002]

Since you already have an LC pending under the current system, PERM can diversify your bets. All eggs won't be in the same basket.

It may depend upon the category she is filing under. If she is EB2 then you may want to wait for PERM as retrogression will affect EB3 more. With PERM, if the LC is cleared, you can file with USICS promptly as EB2 is still current for EB2. On the other hand, it would make no differnce if she is EB3 as you'll have to wait for the PD to become current.

Sincerely