Filing PERM in 6th year?????

T

talktome

Registered Users (C)
Gurus,

I need some good advice on a terrible situation, I am in.

I am already in 6th year of my H1 visa and an employer filed for my PERM application in Oct 2005 before I entered my 6th year on H1B.

This application was filed in EB3 with a Bachelor's equivalency + 7 yrs of experience. We recieved an audit in Feb 2006 for this application and there has been no progress on that case.

In the meantime, I attained a Bachelor of Science (Computer Science) from a reputed university.

Now I am thinking of filing a new PERM application since I have a 4 year US degree and there is no question of equivalency. The only worrying factor is that I have 5 months left on my H1.

What are various options I have?

How will this new filing affect my already filed case?

Do I have provision of retaining the earlier PD by making an ammendment to the previous case?

Gurus, I will really appreciate your comments and advice in this regard.

Thanks
 
I don't think filing a fresh app is a good idea right now, wait on the pending application and hope for it to be approved. File right now for 7th year extension. Once extension is approved and the peition is denied, then file a fresh one, it will give you more time of getting I-140 cleared before you complete 7th year. If the peition gets denied before applying 7th year extension, appeal and use it to get 7th year extension, meanwhile start the recruiting for fresh PERm, once H1B extension approved, withdraw appeal and file fresh PERM.

Too much worse scenario consideration above, I hope no denial occurs and it goes straight forward.
 
Well, DOL prohibits filing two concurrent PERM applications by one company for the same alien. If you want to file a new application you must withdraw the first one. Otherwise you second LC will be denied automatically.

Also there is no guarantee, that you can get your new LC certified in 5 months. So it’s a very risky way.

You can try and convince another employer to start EBGC process for you. But you can’t switch the jobs right now. Moreover you can start working for a new employer only after you change your h-1b status to AOS and get EAD.

Yes, you can keep you PD, but after your I-140 based on the old LC is approved by CIS. Which is not the case, because you don’t even have a certified LC.


talktome said:
Gurus,

I need some good advice on a terrible situation, I am in.

I am already in 6th year of my H1 visa and an employer filed for my PERM application in Oct 2005 before I entered my 6th year on H1B.

This application was filed in EB3 with a Bachelor's equivalency + 7 yrs of experience. We recieved an audit in Feb 2006 for this application and there has been no progress on that case.

In the meantime, I attained a Bachelor of Science (Computer Science) from a reputed university.

Now I am thinking of filing a new PERM application since I have a 4 year US degree and there is no question of equivalency. The only worrying factor is that I have 5 months left on my H1.

What are various options I have?

How will this new filing affect my already filed case?

Do I have provision of retaining the earlier PD by making an ammendment to the previous case?

Gurus, I will really appreciate your comments and advice in this regard.

Thanks
Click to expand...
 
My Perm was applied on March 1st week and was approved before the end of March. my I-140 was filed on April end and I got an approval May 30th. I was in the same boat ( 6th year) and my h1b expires on september 2006. But now I can get a 3 yr extension.

GO ahead and apply. Good luck.
 
as gdhiren said,
get the extension first and then withdraw and file a new PERM.
If you use H-1B premium processing you could get the extension even before any status changes with your present PERM. Don't risk running out of time because you didn't extend.
 
Is it possible?????

Gurus

I spoke to an attorney recently in regards to filing a new PERM application.

I am in 6th year of my H1B and have an application pending at PBEC with PD in early 2004 (more than a year old). I have an offer from another company. They are willing to file a PERM for me.

As per their attorney, I can get a 7th year extension on the basis of pending LC and transfer that H1B with their company.

Scenario: I am working for company A that filed my LC in 2004. Now in 2006 when I am nearing 6 years on H1B, I want to join company B. (Reason: company A has messed up LC, not specifying equivalency and it is bound to create problem at NSC at I-140 stage). Now I have BS from US university, hence question of equivalency does not exist.

Now lawyer from company B says that the company will file a new PERM LC for me and then eventually using pending LC application from company A will get an extension for 7th year. In case, company A withdraws the LC, H1B extension will still be valid. For 8th year extension, they will use the PERM LC since it will be more than a year old.

Now is it possible for company B to get extension based on LC filed by company A?

What will happen when company A will withdraw that LC application? Will the H1B 7th year extension filed be still valid?

Gurus, this advise will really be helpful for me. So please advice.

Thanks
 
If you want to join employer B...the first step should be...ask employer B to file your H1B (7th year) prefarably thru Premium processing based on the pending labor of employer A. Once it's approved then you can join employer B and ask them to file fresh PERM asap.
 
DOTNET2, how did you manage to get both LC and I-140 approved in 2 months? This is incredible! Are you EB2 or EB3? What was your position? I would appreciate any details or info as I am in my 6th years as well, and hoping for a miracle. Please respond.
 
talktome said:
As per their attorney, I can get a 7th year extension on the basis of pending LC and transfer that H1B with their company.
Click to expand...
Correct. Do you have any proof of the pending LC so you can submit that when comp B files for H-1B transfer?

Scenario: I am working for company A that filed my LC in 2004. Now in 2006 when I am nearing 6 years on H1B, I want to join company B. (Reason: company A has messed up LC, not specifying equivalency and it is bound to create problem at NSC at I-140 stage). Now I have BS from US university, hence question of equivalency does not exist.

Now lawyer from company B says that the company will file a new PERM LC for me and then eventually using pending LC application from company A will get an extension for 7th year. In case, company A withdraws the LC, H1B extension will still be valid. For 8th year extension, they will use the PERM LC since it will be more than a year old.
Click to expand...
sounds good but extension should be filed ASAP

Now is it possible for company B to get extension based on LC filed by company A?
Click to expand...
Yes

What will happen when company A will withdraw that LC application? Will the H1B 7th year extension filed be still valid?
Click to expand...
Once it is approved it will stay valid even iuf comp A withdraws LC application later. In my case I even got a 7th year extension 2 weeks ago (I don't need it anymore since I had to go on EAD) based on LC and I-140 filing my previous company withdrew 15 months ago when they laid everyone off. This is risky though.
Best to file H-1B transfer and extension (at the same time) to comp B before comp A has a chance to even withdraw their I-140. By the way, withdrawing I-140 does not automatically make the LC invalid - what if they want to substitute someone?
 
braniand said:
DOTNET2, how did you manage to get both LC and I-140 approved in 2 months? This is incredible! Are you EB2 or EB3? What was your position? I would appreciate any details or info as I am in my 6th years as well, and hoping for a miracle. Please respond.
Click to expand...


Yes!!!!! I have same question for DOTNET2.I's a miracle...Are you EB2 or EB3? What was your position?

THANK YOU
 
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