PERM for part-time position?

[littletwig]

I have a LC filed by my employer, now in a backlog processing center.

The employer wants me to also work part-time in another (med underserved area). Can they file a PERM for that part-time job? That PERM would not require the LC to be withdrawn right?

I know I can work two jobs for the same employer, but just don't know what the min number of hours required is.

Thanks.

 

[hadron]

Is it the same corporation filing for the job ?

 

[littletwig]

Yes, same employer.

They want me to work at the 2nd location. They have not specified how many hours per week. I am told it's part-time, the rest (4 days per week) are at the 1st location, for which I have a LCA pending in the backlog processing center.

My concern is that in 2-3 years time, the BPC might reject the LCA, and then I will be out of time in H1 status, and have little/no time to scramble for another position.

So, if they could file a PERM for the 2nd location part-time job, I have two irons in the fire!

I could self-petition for a NIW for that second job, but I do not want to commit to full-time work there, nor for five years. I see PERM as a way of securing my immigrant status, and continue providing much needed services to the area.

Comments??

 

[hadron]

I am not sure whether the labor department would really view two applications coming from the same employer identification number for the same applicant as separate applications. Yes, there are different job locations, but still I would be concerned that the PERM application could kick the pending case at the BRC off the shelf. Only someone really familiar with the LC process will be able to tell you whether this is an approach reducing your risk to stand there holding the bag. If however, you could convince your practice to spin off a daughter corporation to run the outside office (or aspects of it), they could probably file another application without a problem.

Remember, in the LC process there is no requirement to actually adhere 100% to the job description given to the labor department. So, if your employer filed for this new location and gives you an 'employment verification letter' at the I485 adjudication stage indicating that the conditions of the job offer still exist, nobody will ever ask how many hours you actually worked at each of the office locations.