PERM in 6th Year

dolphin24

Registered Users (C)
i will be completing my 6th year in 8 months, currently i work for a consulting firm and they have applied for my
GC Labor around a year back (2004), My client asking me to become full time, Kindly let me know if i can accept the
offer ? If so can the company apply for GC through PERM processing even though i have 8 months left, Any advices are welcome

Thanks
DM
 
Based on a pending LC you can keep extending H1

If that LC is still pending, you can extend your H1. Once H1 is extended you can file PERM immediately with a new employer.

dolphin24 said:
i will be completing my 6th year in 8 months, currently i work for a consulting firm and they have applied for my
GC Labor around a year back (2004), My client asking me to become full time, Kindly let me know if i can accept the
offer ? If so can the company apply for GC through PERM processing even though i have 8 months left, Any advices are welcome

Thanks
DM
 
The LC with current employer is still pending, But will i get H1 extension if i join my client leaving my current employer and then apply for PERM with my client ?
 
Document for H1 extension

hi

When you are getting H1 extension through the new employer what pending LC related documents do you need? Do you need the receipt from DOL also?

I think I have the copy of application and supporting documents the lawyer sent to the DOL? What I am not sure is if I have copy of any thing DOL sent back?

Are information for DOL really crucial while filing the H1 extension application on the pending LC basis?

Regards,
 
Another advise

dolphin24 said:
The LC with current employer is still pending, But will i get H1 extension if i join my client leaving my current employer and then apply for PERM with my client ?


You can get a H1 transfer to your client but it be only valid for 8 months.. With that it would be impossible the file new GC & extend the follwing year.. Remember that you need to clear not only LC through perm, but also your I140 in order to extend the following year.. With 8 months you would be lucky to get cleared till I140 but how sure are you..


An alternative solution would be for you to stay with your client for another 2 - 3 mths and do your extension to your client's company based on your pending labor in current company. Apply in premium process. Then you would have about 18 months to do the next extension. If you get your papers ready for filing in about 3 months, you can file at about 15 mths.. With LC through perm, you might get approved in about 2 mths and I140 in about 3-4 mths (See the current trends).. With that you can extend your H1 for 3 year than after

Even if current trends change & it takes more than a year to clear your I140 it's ok.. as your new pending labor would be more than 365 days old at your next H1 expiry... You would be able to extend based on new labor..

If you are thinking of moving this would be the safest way to go..

Although, I am quite sure about this info... please check with lawyer..

good luck..

gcco
 
IBCDesi said:
hi

When you are getting H1 extension through the new employer what pending LC related documents do you need? Do you need the receipt from DOL also?

I think I have the copy of application and supporting documents the lawyer sent to the DOL? What I am not sure is if I have copy of any thing DOL sent back?

Are information for DOL really crucial while filing the H1 extension application on the pending LC basis?

Regards,

Your lawyer should know.. I just did my 8th year extension( :( ) and my lawyer only attached a copy of the letter stating that my case made it to regional. She did not even attach the case status email that you can get from BPEC. :confused: :confused:

gcco
 
GCCO,

Thanks for your information, As i told you that my total months left in my H1 is 8 months, And what you saying is , Stay with my current company for 2-3 months and ask my client company to file for H1 extension ? If i join my client's company will i get H1 extension keeping 8-2 = 6 months on my H1 period ?

If so in that 6 months period , I can apply for H1 extension through premium processing (around 2-3 weeks) + LC through PERM approval (2-3 months) , and then apply for I 140 immediately

DM
 
dolphin24

dolphin24 said:
GCCO,

Thanks for your information, As i told you that my total months left in my H1 is 8 months, And what you saying is , Stay with my current company for 2-3 months and ask my client company to file for H1 extension ? If i join my client's company will i get H1 extension keeping 8-2 = 6 months on my H1 period ?

If so in that 6 months period , I can apply for H1 extension through premium processing (around 2-3 weeks) + LC through PERM approval (2-3 months) , and then apply for I 140 immediately

DM

dolphin24,

stay with current company (A) for another 2-3 mths.. Then ask your client (new - B) to transfer /extension for you. Do premium. You will get transfered in 2-3 weeks. I think you might get extended about 18 mths. (not too sure but at least a year). Then join Co B and start perm.. remember you have to start immediately... With the current trends.. you can hope that your application will get I140 cleared in about 12 mths..

Remember... every case is different and you have to take a risk in this case.. If your I140 is not cleared by end of extension... you cannot extend any further..

However, if you get more than a year extended good for you.. Take advantage of that & file GC immediately so that your LC would be pending more than 356 days even if your I140 is not cleared..

Check with your lawyer about this and take the right decision knowing your pros & cons..

gcco
 
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