Is PERM an option for me???

E

everonh1

Registered Users (C)
Here is my situation:-
Currently in 7th year extension.
EB2(BS + 5)RIR Labor pending in BEC.Recd 45 day letter in Dec 04.
PD is April 04.
Conversion of current BEC case to PERM might be dangerous if after
conversion,it gets denied.
what are my options???
1.Is it possible to file PERM thro another Company,but then is it a must
to join new Company filing PERM???
2.Can I transfer my H1 to new Company,file PERM,and if denied,
go back to old Company,since my old Company's H1 would still be valid.
or is it that once you start working with new Company,then you
cannot move back to old Company??
3.Would it be a big risk to join new Company and then file,thinking that if PERM can be filed thro' good Attorney,it will definitely go through??

Would really appreciate any answers/suggestions to questions above.

Thanks in advance,
everonh1
 
everonh1 said:
Here is my situation:-
Currently in 7th year extension.
EB2(BS + 5)RIR Labor pending in BEC.Recd 45 day letter in Dec 04.
PD is April 04.
Conversion of current BEC case to PERM might be dangerous (Not dangerous , if you do it properly) if after
conversion,it gets denied.(EB2 RIR also denial possible)what are my options???
1.Is it possible to file PERM thro another Company,but then is it a must
to join new Company filing PERM??? Not necessary at all

2.Can I transfer my H1 to new Company,file PERM,and if denied,
go back to old Company,since my old Company's H1 would still be valid.
or is it that once you start working with new Company,then you
cannot move back to old Company?? You have to make just h1 transfer to shuttle in between any company.
3.Would it be a big risk to join new Company and then file,thinking that if PERM can be filed thro' good Attorney,it will definitely go through??

You can file PERM through company B to Z(any number), without joining the company.
Would really appreciate any answers/suggestions to questions above.

Thanks in advance,
everonh1
Click to expand...
 
everonh1,
great guru is correct. You don't have to join the new compant for filing PERM. labor certification is for future employment. Even, I am in the same boat. I have a pending RIR case in DBEC and planning to file PERM case through different company without joining them. I don't want to jeopardise my current RIR case. If I get my PERM approved through the other company, then I will join that company. if PERM case gets denied, then I have RIR case for backup.

Do you have 3 years H1 extension or 1 year extension?. If it is 1 year extension, then how will you apply for 8th year extension if you join the other company through PERM. I think you can still get 8th year extension using priority date of RIR case.

GPG
 
Thanks GPG and greatguru.
But I was checking FAQ on PERM section on this site,and I had seen replies from attorney/Rajeev to some related question,which said that any future Employment thro' PERM will be looked with suspicion.
But well guess it is still worth a try,hoping it will get aproved.
Again,do you know for sure,you can switch back to old employer on an H1 transfer and if you have started work with new Employer.

To put it in a different way,if I file H1 transfer with multiple Companies,
how will USCIS know which Company I am working for??There could be some issue there,meaning it might not be legally possible????
 
everonh1 said:
Thanks GPG and greatguru.
But I was checking FAQ on PERM section on this site,and I had seen replies from attorney/Rajeev to some related question,which said that any future Employment thro' PERM will be looked with suspicion.
But well guess it is still worth a try,hoping it will get aproved.
Again,do you know for sure,you can switch back to old employer on an H1 transfer and if you have started work with new Employer.

To put it in a different way,if I file H1 transfer with multiple Companies,
how will USCIS know which Company I am working for??There could be some issue there,meaning it might not be legally possible????
Click to expand...

That is the reason they are asking recent 3 pay stubs, which shows where you are working while transfering to other companies.
 
I complete my six years on h1-B on feb 28, 2006. I have a pending labor certification (EB3) since October 2002 through my current employer. I have been offered a new job position within the same company. If I accept the position, I can't use the pending labor certification to file for I-140.
The new position will most probably make my application EB2. Do I have an option of accepting the job and filing under PERM without effecting my 7th year extension?
 
sb41 said:
I complete my six years on h1-B on feb 28, 2006. I have a pending labor certification (EB3) since October 2002 through my current employer. I have been offered a new job position within the same company.

If I accept the position, I can't use the pending labor certification to file for I-140.
You can use old LC to file I 140 and I 485 with no problem.

The new position will most probably make my application EB2. Do I have an option of accepting the job and filing under PERM without effecting my 7th year extension?

You can accept new position through H1 extn beyond 6th year based on your old LC, later you can file new PERM for the new position.
Click to expand...
 
Great Guru,
I appreciate your response. I have two follow up questions:

1) Can I use the old LC to file for I-140 and I-485 if the new position has a different title and a different job title? Our company lawyer informed me that since the title and job summary are different the old title can't be used for further processing.

2) I dont think Philly will process October 2002 cases anytime soon. But if hypothetically the application is approved before I apply for extension with the new job, will I have any issues?

Thanks!
 
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