How much time it takes to file Green Card thru PERM.?

R

Rajraham

New Member
Hi,
I have about 23 months left on my H1 visa to complete 6 years.
Since PERM is going effective from March 28. Does anyone have
any idea how much time it takes to file Green Card thru PERM..?
It seems we need to get PWD (Prevailing Wage Determination ) from SWA before
we do job posting. How much does it takes to get Prevailing Wage Determination from SWA.

Is it good thing to file GC using existing system, before March 28th,
So that i can get 7th year extension.?


Thanks
Raj
 
Rajraham said:
Hi,
I have about 23 months left on my H1 visa to complete 6 years.
Since PERM is going effective from March 28. Does anyone have
any idea how much time it takes to file Green Card thru PERM..?
It seems we need to get PWD (Prevailing Wage Determination ) from SWA before
we do job posting. How much does it takes to get Prevailing Wage Determination from SWA.

Is it good thing to file GC using existing system, before March 28th,
So that i can get 7th year extension.?


Thanks
Raj
Click to expand...

Each SWA takes different amounts of time. I read on the DOL site that 4 weeks for PWD was an "average" time.

You also need to post a "job order" for 30 days, 30 days in advance of filing. ie 60 days before you file.

If PERM works the way it is supposed to and you started tomorrow. You could file April 1, 2005, be approved by June 1, 2005.

Then file I-140 say July 1, 2005.One of several things could happen:

If you are from India, China, Phillipines:

- File I-140, wait for 1 year for approval -> You could get 7th yr extension based on this.

- File I-140 and get quick approval -> Now you are in trouble because you would not be eligible for 7th year extension and you could not get EAD

If you are not from India, China, Phillipines:

- File I-140/I-485, wait for 1 year for approval -> You could get 7th year extension based on this or file for EAD

- Filie I-140/I-485 and get quick approval, then you could get EAD
 
I'm confused.
140 pending-can file extention for h1
140 approval-can not file extention?? Is this mean I can not work if I I can not get visa number?

Pending is better than approval?
 
ruthcai321 said:
I'm confused.
140 pending-can file extention for h1
140 approval-can not file extention?? Is this mean I can not work if I I can not get visa number?

Pending is better than approval?
Click to expand...


If you get the approval in less than 1 year then you need to wait for 1 year anniversary to apply for extension at which time your H1 could have expired and what do you do in the mean time.
 
Thank you very much for the information. Since i am eligible (Masters Degree with 6 Years Exp.) for EB2 category, I can still go for the concurrent filing (I140/i485) after LC got approved thru PERM ? With this i can go for 7th year (H1) extension, if i didn't get EAD within the one year of concurrent filing..?? am i correct..??

Thanks
Raj
 
Tough luck. As per other threads, software engineers cannot apply under EB2 in PERM, unless the position is for a manager. I am in the same boat as you are and am evaluating best options. I filed my GC in Nov 2004 (non-rir) EB2. Since it goes to BEC, I will have to reapply under PERM to escape the long wait.
 
still confused.Can I work if my h1 expired and can not file extention because of my approved 140(less than 1 year). If I'm eb3.
 
According to my lawyer

You can file for H-1B extension with pending I-140 and LC less than 365 days due to visa retrogression. I also found this on Murthy, http://www.murthy.com/news/UDac21up.html

I'd appreciate your feedback. Thanks.

ruthcai321 said:
still confused.Can I work if my h1 expired and can not file extention because of my approved 140(less than 1 year). If I'm eb3.
Click to expand...
 
Tough luck. As per other threads, software engineers cannot apply under EB2 in PERM, unless the position is for a manager. I am in the same boat as you are and am evaluating best options. I filed my GC in Nov 2004 (non-rir) EB2. Since it goes to BEC, I will have to reapply under PERM to escape the long wait
Click to expand...

lcrusader, where did you get this information?
EB2 + PERM >= Manager ?????
I have not seen anything like this in any of the PERM bulletins. Can someone please clarify this.

Thanks
 
Pringles, refer to thread titled "If you are Farm or Ranch Manager qualify for EB2" opened a few days ago.
 
Hi, APD

Have you found more to whether one can apply for H-1B extension with approced LC (less than 365 days) and pending I-140 (visa retrogression)?

Mr. Khanna thinks one can't. Here is his memo. http://www.immigration.com/memo/Memo_AC21_Retrogression.pdf

Please share your feedbacks from lawyers. Thanks.



APD said:
This link does not open. I am in a critical situation and need to confirm this information you ahve posted.
Thanks,
APD
Click to expand...
 
JustWatching said:
Each SWA takes different amounts of time. I read on the DOL site that 4 weeks for PWD was an "average" time.

You also need to post a "job order" for 30 days, 30 days in advance of filing. ie 60 days before you file.

If PERM works the way it is supposed to and you started tomorrow. You could file April 1, 2005, be approved by June 1, 2005.

Then file I-140 say July 1, 2005.One of several things could happen:

If you are from India, China, Phillipines:

- File I-140, wait for 1 year for approval -> You could get 7th yr extension based on this.

- File I-140 and get quick approval -> Now you are in trouble because you would not be eligible for 7th year extension and you could not get EAD

If you are not from India, China, Phillipines:

- File I-140/I-485, wait for 1 year for approval -> You could get 7th year extension based on this or file for EAD

- Filie I-140/I-485 and get quick approval, then you could get EAD
Click to expand...
 
JustWatching said:
Each SWA takes different amounts of time. I read on the DOL site that 4 weeks for PWD was an "average" time.

You also need to post a "job order" for 30 days, 30 days in advance of filing. ie 60 days before you file.

If PERM works the way it is supposed to and you started tomorrow. You could file April 1, 2005, be approved by June 1, 2005.

Then file I-140 say July 1, 2005.One of several things could happen:

If you are from India, China, Phillipines:

- File I-140, wait for 1 year for approval -> You could get 7th yr extension based on this.

- File I-140 and get quick approval -> Now you are in trouble because you would not be eligible for 7th year extension and you could not get EAD

If you are not from India, China, Phillipines:

- File I-140/I-485, wait for 1 year for approval -> You could get 7th year extension based on this or file for EAD

- Filie I-140/I-485 and get quick approval, then you could get EAD
Click to expand...


Thanx Just watching for this info...
This has got me worried. I just have 14 months for my 6 yrs to be complete. My labor has been filed in TX on Nov 2004 (God only knows how long that is going to take ). My hope was to file thro PERM thro another employer...but then if it happens like u say....
Ideally my LC should be clear in 2/3 months.
Then I apply for I-140...If i get approved I cannot apply for my 7th year extn.
Else I should wait for 1 year before doing this.
Did I understand ur message right ? AM I missing something in between ?

In such a situation I am in between a rock and a hard place.
Pls advice
 
meg_z said:
Have you found more to whether one can apply for H-1B extension with approced LC (less than 365 days) and pending I-140 (visa retrogression)?

Mr. Khanna thinks one can't. Here is his memo. http://www.immigration.com/memo/Memo_AC21_Retrogression.pdf

Please share your feedbacks from lawyers. Thanks.
Click to expand...

One thing I am sure about is that if your LC has been approved and you apply for 140 then using the receipt of 140 you can file for 7th year extension (140 need not be pending for 365 days) but I am not sure what happnes if the 140 is also approved before you complete 6th year.

I think the earlist you can apply for 7th year extension is 180 days before the date when you complete 6 years.

Good Luck.
 
meg_z said:
Have you found more to whether one can apply for H-1B extension with approced LC (less than 365 days) and pending I-140 (visa retrogression)?

Mr. Khanna thinks one can't. Here is his memo. http://www.immigration.com/memo/Memo_AC21_Retrogression.pdf

Please share your feedbacks from lawyers. Thanks.
Click to expand...

Hi,

This is what I found on Murthy's Chat Archive.

Chat User : If my labor, pending for more than 365 days, gets approved before my 6 yrs on H-1 expires, can I apply for an H-1 7th-year extension with an approved labor?

Attorney Murthy : Yes, a person is allowed to file an H1B annual extension or the one-time extension if the PDs are retrogressed based on the LC's having been filed at least one year earlier irrespective of whether it is approved or pending. It is the similar rule for the LC or the I-140 petition pending or approved or the pending I-485 application. Just submit the filing date of the original LC to show that the LC has been pending in excess of 365 days to qualify.

Good Luck.
 
Traditional EB2 or PERM

I work for one of the largest companies in the world. I have 3 more years left on my H1. My attorny asked me whether she should file my GC in EB2 in the traditional way at this time, or wait for 1 more month and file it in EB2 in PERM. She said that she was not supposed to give suggestions, but asked me to decide whats good for me.
I was thinking, if the backlog processing centers are working as fast as they are supposed to, then it would be a good idea to file traditionally. But again, there are no gaurantees with the BRC's. My concern is with PERM and its strict guidelines about EB2 ( I do have a masters's degree, but I am not sure if my job requires M S degree).

My company is located in SFO.

Any ideas/suggestions would be greatly appreciated.

Mangal
 
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