perm expires after 180 days

L

letsdoit

Registered Users (C)
Hi,

I am on TN. I have an approved PERM in August 2007. I got a letter from my lawyer stating PERM will only be valid within 180 days from July 16, 2007. I need to apply I-140 before it expires. I can't find any information about this new 180 days requirement on the Internet. Is that true?

Thanks,
 
This is true. What is the problem? The problem is your sponsor should have filed I-140 about 9 months ago. maybe this will light a fire under their a$$. I hope they weren't pulling the old "we can't do this or that because you are on TN" schtick.

http://murthy.com/nflash/nf_051607.html

I presume you meant to wrire that your PERM was approved Aug 2006, not 2007.
 
Last edited by a moderator:
nelson, my PERM was approved in November 2006

My lawyer send my I-140 paperwork last week.
is it mean that there can a rejection based on that 180 days restriction? (i.e. my PERM expired)

Thanks,
 
Shyboy said:
nelson, my PERM was approved in November 2006

My lawyer send my I-140 paperwork last week.
is it mean that there can a rejection based on that 180 days restriction? (i.e. my PERM expired)

Thanks,
Click to expand...

did you read the information? The earliest a PERM can be invalidated is January 12th 2008.
 
Hi Nelsona,

I was under the impression that I shouldn't file I-140 because of TN status? So in TN renewal, I don't show dual intent. Is that right?

Thanks!

nelsona said:
This is true. What is the problem? The problem is your sponsor should have filed I-140 about 9 months ago. maybe this will light a fire under their a$$. I hope they weren't pulling the old "we can't do this or that because you are on TN" schtick.

http://murthy.com/nflash/nf_051607.html

I presume you meant to wrire that your PERM was approved Aug 2006, not 2007.
Click to expand...
 
Hi Nelsona,

I was under the impression that I shouldn't file I-140 because of TN status? So in TN renewal, I don't show dual intent. Is that right?

Thanks!

nelsona said:
This is true. What is the problem? The problem is your sponsor should have filed I-140 about 9 months ago. maybe this will light a fire under their a$$. I hope they weren't pulling the old "we can't do this or that because you are on TN" schtick.

http://murthy.com/nflash/nf_051607.html

I presume you meant to wrire that your PERM was approved Aug 2006, not 2007.
Click to expand...
 
letsdoit said:
I was under the impression that I shouldn't file I-140 because of TN status
Click to expand...

If your employer never files the I-140, then you'll never get the GC.

So in TN renewal, I don't show dual intent. Is that right?
Click to expand...

Nope, it's wrong. A filed or approved I-140 shouldn't preclude a TN renewal at the Service Center. Only a filed I-485 will do that.
 
TheRealCanadian said:
If your employer never files the I-140, then you'll never get the GC.

Nope, it's wrong. A filed or approved I-140 shouldn't preclude a TN renewal at the Service Center. Only a filed I-485 will do that.
Click to expand...

I was born in a retro country and waiting for the cut-off date to do concurrent filing of 140 and 485. So in TN renewal, I-129 form has a question "Have you ever filed an immigrant petition for any person in this petition?". I should still say "NO" after 140 filed and before 485 filed?
 
letsdoit said:
I was born in a retro country and waiting for the cut-off date to do concurrent filing of 140 and 485. So in TN renewal, I-129 form has a question "Have you ever filed an immigrant petition for any person in this petition?". I should still say "NO" after 140 filed and before 485 filed?
Click to expand...

The answer your firm would write is 'YES'. I-140 is an immigrant petition, but I-140 is specifically allowed for TN.
 
Last edited by a moderator:
Additional info

TheRealCanadian said:
If your employer never files the I-140, then you'll never get the GC.



Nope, it's wrong. A filed or approved I-140 shouldn't preclude a TN renewal at the Service Center. Only a filed I-485 will do that.
Click to expand...

Real canadian any help
PD May 2004 EB2 ROW
AD labor Oct 2006
Yet to file 140/485 Have sent all documents needed to company.
As H1b extension got RFE so company wants to wait for approval. Can i push them to go ahead and file for my 140/485/EAD/APalong with my h1rfe documents submission?Any inputs.
 
Thanks and need some more info

TheRealCanadian said:
There's no link between the two. My I-140 was filed on the same day as an H-1B petition.
Click to expand...
Thanks for your input.
you might be aware about me from DBEC link. I work for a consulting co. I was b/n projects for sometime and when my labor was approved in b/n that time My employer told me he will file 140/485/ead/ap after i get a project. The lawyer also said the same.I got a project in some time and then this H1rfe was issued. I finished all my prelims to file but still not able to convince them. Am i missing some legal jargon here?
 
As some of you know, I am not interested in GC because of the business conditions of the company where I work (restructuring .....). This new law is is making the company's lawyer put pressure on me to apply for I-140 (and make herself some money of course).

1. I know I have asked this question before and we all know an application for I-140 does not technically constitute an immigrant intent, but if there is anybody out there who knows of any new TN cases that got rejected at the border (not the Service Centers) due to a filed I-140, please share it with me.

2. After I-140 gets approved (with a current priority date), how much time do I have to file for I-485? Can I delay it and for how long?

Thanks,
Kam
 
There is no time limit on applying for I-485. As you are aware some Indians face waiting 4 or 5 years after I-140 approval to file I-485. The new regs merely ensure that YOU, the original alien approved, are the one who uses the I-140.

Under current law, and with proposed reduction in quotas, I would be filing I-485 whenever I could, with hopes of using AC21 if needed.
 
Nelsona, what quotas are you referring to?

Also, with EAD card, can I work on contract jobs? What if USCIS RFEs for the existence of a sponsor even beyond 180 days into 485? Most consulting firms in my field do not want to deal with any sponsorship except for TN.
 
CanadianKam said:
Nelsona, what quotas are you referring to?

Also, with EAD card, can I work on contract jobs? What if USCIS RFEs for the existence of a sponsor even beyond 180 days into 485? Most consulting firms in my field do not want to deal with any sponsorship except for TN.
Click to expand...

1. USCIS has per country quotas per year per visa class. India & China are veyr backlogged in almost all classes.

2.you can work any type of job (contract or full time) with EAD.
 
Guys, This is what the company's lawyer says about expiration of PERM: The 180 days does not start July 16, but rather the application of the 180 day rule starts July 16. On July 16, your labor certification will have been approved over 180 days prior and therefore the last possible day for your employer to file an I-140 for you based on that labor certification is July 12 (to arrive at the USCIS Friday, July 13).

Is she BSing me?
 
She's wrong. Read her murthy's analysis.


For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
Click to expand...
Anyhow, why wait.

The quotas I was referring to are that the new lawa actually reduces EB quota.
 
Basically I am at the crossroads. My employer is laying off people, therefore, they can no longer apply for PERM. My PERM is from last year right before downsizing. I myself survived 2 rounds of layoffs.

1. If I apply for I140 & I485 and get laid off in the middle of the process, I'll be screwed. I will no longer qualify for a new TN (or at least for a long time). Unfortunately, in my field, most of the jobs are contract jobs and there is no sponsorship for H1 or GC. Chances are I may get laid off especially if my 485 takes too long due to being stuck in name check.

2. If I don't apply, I'll lose the PERM and may never get a GC thru this employer because they are laying off people.

Personally, I am not so keen on living in the US forever. I'd like to retire in Vancouver. So I just want to work here peacefully and that's where NAFTA comes into the picture.
 
You must log in or register to reply here.
Top