PERM ON 28th

Not me. The SWA was not setup to issue PWDs till recently - earliest I could file for my PWD was 1st wk of March, got it back around the 14th; turned around and filed the job order the 18th - that's got to run for 30 days... so the earliest PERM filing I'm looking at is April 18th.
 
How do you define Job Order ?

Is it just job desc in terms of work ex required etc..

Are u going for EB2 ?
 
My Attorney filed for PWD on March 8th. Haven't heard from the DOL yet. Once we get the reply from the DOL on PWD, need to run the job order for 30 days before filing for Labor under PERM.

mitqb: You cannot use the PWD filed before March 8th for PERM.
 
mitqb:
My lawyer says that one has to run 30 days of job order with the SWA then wait another 30 days (recruitment period) and then file for PERM. Newspaper ads will run at the same time.
In my case job order was placed Mar 24th, that means I cannot file untill May 24th!!!!!! Is my lawyer right??
Please comment.
 
xg121960 said:
Here is the actual quoto I copied from PERM DOL FR 20 CFR Parts 655 and 656:

"[USDOL Comment: The advertising requirements at Sec. 656.17(f) of this final rule no longer include wage or salary information; however, the wage offered must be included in the notice. The regulations implement the statute, which provides ``no certification may be made unless the applicant for certification has at the time of filing the application, provided notice of the filing.'' Because the ETA Form 9089 includes the offered wage, the employer must include in the notice the wage offered to the alien beneficiary at the time the application is filed. Alternatively, the employer may include a salary range in the notice, as long as the bottom of the range is no less than the prevailing wage rate. The wage paid to the alien when initially hired is irrelevant.]"

So, the only place in AD will need PW is the notice while others DO NOT. What I found that most attorney are still using old DOL (RIR or Regular) rules in the new PERM case. Since PERM is new, DO NOT assume lawyers know more than you do, except a few brilliants who keeps learning hard.
Click to expand...

My question is as follows:
After 30 day SWA job order is completed, can we apply for PERM immidiately or do we have to wait another 30 days ?? Assuming all the other recruitment efforts have been done between 30 days and 180 days from date of application.
 
need advice

Hi friends,
My LC was filed in April 2003 (EB3,RIR) and I am on H1-B1 with same company.Now I have offer from Company B and they are ready to transfer my H1 and ready to do Green Card process.

Q1) What is the best option in my case for green card process.Should I file new LC thru PREM useing priority date of my old LC which is still pending since April 2003 (EB3, RIR).

Q2) Should I file new LC Thro PREM with company B and wait until its approved and keep working in old company not disturbing old LC and H1.
(New company can wait untill paper work is approved with them i.e. H1 and LC)

Thank you in Advance.
 
Labor belongs to the company.Cannot tranfer the PD(April 2003) from companyA to Company B.Since as u know PD is all more important than it was, its better to stick on with companyA.
 
How to open the SWA job order in CA?

Hi all, I saw some of you have opened the job order now. I am in CA. My lawyer kept telling me the SWA job order procedure is not clear, we cannot submit it. Is anyone of you in CA? And does anyone know how to open this job order?

Thank you so much!

mitqb said:
Not me. The SWA was not setup to issue PWDs till recently - earliest I could file for my PWD was 1st wk of March, got it back around the 14th; turned around and filed the job order the 18th - that's got to run for 30 days... so the earliest PERM filing I'm looking at is April 18th.
Click to expand...
 
maggie_LC said:
Hi all, I saw some of you have opened the job order now. I am in CA. My lawyer kept telling me the SWA job order procedure is not clear, we cannot submit it. Is anyone of you in CA? And does anyone know how to open this job order?

Thank you so much!
Click to expand...

This is the site for placing job orders in CA : http://www.caljobs.ca.gov/

I don't know how to do it. It's attorney's responsibility to know such things. That's why they get paid.
 
I searched PERM DOL FR 20 CFR Parts 655 and 656, could not find this paragraph... Actually I didn't find any "USDOL Comment" in that final rule. Could you give us the link of your quote? I am trying to ask my lawyer not to wait for the prevailing wage result for job order...

Thank you so much!

xg121960 said:
Here is the actual quoto I copied from PERM DOL FR 20 CFR Parts 655 and 656:

"[USDOL Comment: The advertising requirements at Sec. 656.17(f) of this final rule no longer include wage or salary information; however, the wage offered must be included in the notice. The regulations implement the statute, which provides ``no certification may be made unless the applicant for certification has at the time of filing the application, provided notice of the filing.'' Because the ETA Form 9089 includes the offered wage, the employer must include in the notice the wage offered to the alien beneficiary at the time the application is filed. Alternatively, the employer may include a salary range in the notice, as long as the bottom of the range is no less than the prevailing wage rate. The wage paid to the alien when initially hired is irrelevant.]"

So, the only place in AD will need PW is the notice while others DO NOT. What I found that most attorney are still using old DOL (RIR or Regular) rules in the new PERM case. Since PERM is new, DO NOT assume lawyers know more than you do, except a few brilliants who keeps learning hard.
Click to expand...
 
permperm said:
mitqb:
My lawyer says that one has to run 30 days of job order with the SWA then wait another 30 days (recruitment period) and then file for PERM. Newspaper ads will run at the same time.
In my case job order was placed Mar 24th, that means I cannot file untill May 24th!!!!!! Is my lawyer right??
Please comment.
Click to expand...


Guys, What is running the job order ?
 
Do we really require 30+30 days for placing job order?

permperm said:
mitqb:
My lawyer says that one has to run 30 days of job order with the SWA then wait another 30 days (recruitment period) and then file for PERM. Newspaper ads will run at the same time.
In my case job order was placed Mar 24th, that means I cannot file untill May 24th!!!!!! Is my lawyer right??
Please comment.
Click to expand...


Hey, there-

Just check with my lawyer, he doesn't agree with 30+30 day waiting period for job order. During 30 day post period, employer actually receives responser and it just doesn't make sense for another 30 days period. Can u confirm this source. Thanks advance!
 
That's Correct

birdy_in_cage said:
Hey, there-

Just check with my lawyer, he doesn't agree with 30+30 day waiting period for job order. During 30 day post period, employer actually receives responser and it just doesn't make sense for another 30 days period. Can u confirm this source. Thanks advance!
Click to expand...



ONLY 30days waiting period is fine.
60 days waiting period is NOT necessary by law.
 
Do we really require 30+30 days for placing job order?

permperm said:
mitqb:
My lawyer says that one has to run 30 days of job order with the SWA then wait another 30 days (recruitment period) and then file for PERM. Newspaper ads will run at the same time.
In my case job order was placed Mar 24th, that means I cannot file untill May 24th!!!!!! Is my lawyer right??
Please comment.
Click to expand...


Hey, there-

Just check with my lawyer, he doesn't agree with 30+30 day waiting period for job order. During 30 day post period, employer actually receives responser and it just doesn't make sense for another 30 days period. Can u confirm this source. Thanks advance!
 
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