Perm Process - How Reliable Is This - Urgent Help

[nav_imm]

Hi all:
My company has done all the prelim work, job survey, ADS, and ready for my PERM application.

At the final stage of application, management decided that the PERM is unreliable and there are no cases that have been approved by anyone. IS THIS A TRUE ASSUMPTION


Then also is it TRUE that once the PERM is denied then I cannot have my H1B extended after the first three years

Kindly advice how reliable the PERM process is and if there are any attorney's who have got the application done with no trouble, I can work out some deal with my company to have my own attorney for my GC.

Regards

 

[trendsetter]

Don Worry Dude

...it's NOT that rubbish...find out wats goin on with ur company...suprised to c their drop out after doin all that bloody prep stuff......

u do get hell num of good attornies in here....jus surf in....

take advise frmo GURU's here....don loose ur hope....

ALL THE BEST

 

[nav_imm]

Hey trendsetter
This is what I have been trying to. My management staff did mention to find out with the attorney as to why they feel so scared. I will also discuss to and see If I could have my own attorney in this case, I am pretty confident they would have no problems.

How does the PERM work... I am trying to get some clear answers as to what advantages and disadvantages it has.

Kindly advice
Thanks a lot
Regards

 

[great guru]

Hi all:
My company has done all the prelim work, job survey, ADS, and ready for my PERM application.

At the final stage of application, management decided that the PERM is unreliable and there are no cases that have been approved by anyone. IS THIS A TRUE ASSUMPTION



Your company does not want you to get GC through PERM (which is very fast). Because you will leave from them immediately.

Then also is it TRUE that once the PERM is denied then I cannot have my H1B extended after the first three years

This is your company law not INS law. Did your HR manager read Harry Potter recently.? Ask him to wake up!!!!

Kindly advice how reliable the PERM process is and if there are any attorney's who have got the application done with no trouble, I can work out some deal with my company to have my own attorney for my GC.

Better have your own attorney, pay the fees and reimburse the expenses, make a deal with HR manager
Regards

 

[GC_DJ]

Now you don't have any other option. You have to go through PERM if you want to get your Green Card.

Many attorneys are now reporting that they are getting PERM approvals. The PERM system is stabilized now. This is the right time to apply.

Hey trendsetter
This is what I have been trying to. My management staff did mention to find out with the attorney as to why they feel so scared. I will also discuss to and see If I could have my own attorney in this case, I am pretty confident they would have no problems.

How does the PERM work... I am trying to get some clear answers as to what advantages and disadvantages it has.

Kindly advice
Thanks a lot
Regards

 

[gc_2006]

PERM has gotten more and more approvals lately. Further PERM has no bearing on the extension after the 3rd year. A LC only comes into play if you want to (have to) extend beyond the 6th year of H-1B.

This company is clearly ignorant.

 

[ccv]

Hi,

My attorney filed for my LC in October 2004 under RIR (EB3 category). However, my 6 year H1-B term ends - June 2006. I have not yet received my 45-day letter. I am comtemplating to file for PERM, but I would like some insights from all you wonderful people to help me make this decision.
Questions that I have are :

1. Would I be able transfer my existing case to PERM without much hassle or do I have to re-file my petition all over again (ie. place ads, shortlisting, etc ) ?

2. If (1) holds true then how long would this process take to get my LC ?

Sincerely appreciate your insights and suggestions.

 

[great guru]

Hi,

My attorney filed for my LC in October 2004 under RIR (EB3 category). However, my 6 year H1-B term ends - June 2006. I have not yet received my 45-day letter. I am comtemplating to file for PERM, but I would like some insights from all you wonderful people to help me make this decision.
Questions that I have are :

1. Would I be able transfer my existing case to PERM without much hassle or do I have to re-file my petition all over again (ie. place ads, shortlisting, etc ) ?

Refiling means, same as filing new PERM only differece is you can keep you PD OCt 2004 intact instead of current PD date Sep 2005.(If you apply new PERM in Sep)
2. If (1) holds true then how long would this process take to get my LC ?

45-60 per DOL promise, but much faster than BEC. BEC goal is to clear all teh applications by 2008.Sincerely appreciate your insights and suggestions.

 

[acgv]

Great guru,

What you mention about the BEC clearing all applications by 2008, is that your speculation or have you seen that somewhere in an official site? That's 3+ years from today, not unreasonable given the way events have played out so far...

But... what are your thoughts in regards to BEC clearing applications very quickly in the near term for 2006 (at least for a significant portion of its 300,000+ applications) that would negatively impact those filing faster thru PERM? Visa numbers would be used up very quickly, so either a widespread EB-2 retrogression would occur much faster from countries other than India, China, etc. (worst case scenario), or an optimistic view, more visa numbers would be made available, from 140,000 currently to a much larger number(best case perhaps "utopic" scenario)?...

Thanks for your inputs!

 

[great guru]

Great guru,

What you mention about the BEC clearing all applications by 2008, is that your speculation or have you seen that somewhere in an official site?

BEC goal is to clear all the back log with in 3 years (from Jan 2005), it is there in so many artcles. Out of 340,000 back log appliactions not even 50% is entered in to the system. Very few % only got their 45 days letter. If it goes like that situation may improve last Q of 2006 or first Q of 2007 only. However study flow of LC approval start coming from Y 2000 to Y 2003 PD, which will get flooded slowly and affect PERM people once the EB2 start retrogress.

That's 3+ years from today, not unreasonable given the way events have played out so far...

But... what are your thoughts in regards to BEC clearing applications very quickly in the near term for 2006 (at least for a significant portion of its 300,000+ applications) that would negatively impact those filing faster thru PERM? Visa numbers would be used up very quickly, so either a widespread EB-2 retrogression would occur much faster from countries other than India, China, etc. (worst case scenario), or an optimistic view, more visa numbers would be made available, from 140,000 currently to a much larger number(best case perhaps "utopic" scenario)?...

Thanks for your inputs!

 

[acgv]

Thanks for your answer great guru! Your answer prompted me to a couple of follow-up questions:

1) So, if the systems starts getting flooded from LC approved applications from BEC from Y2000 to Y2003 PD, when do you foresee this happening? 1st quarter 2006? 2nd quarter 2006? or even in sometime in 2007?

2) The other major question is when do you believe a widespread EB-2 retrogression will occur? Since the new fiscal year for Dept. of State starts in Oct 1, we can speculate that probably EB-2 retrogression wouldn't occur anytime soon since there are 140,000 fresh new visa numbers available, right?

3) Would it be reasonable then to expect that if I file thru PERM now with EB-2 filing, starting from the beginning with job postings, etc., would it be reasonable to assume an EAD would be available by mid next year, after assessing all the risks with EB-2 retrogression, and large numbers of LC approvals from BEC?

I know this is just speculation, I just want to assess the risks involved by switching employers today who is willing to file thru PERM rather than waiting on a void with the BEC with my pending LC from 08/2004.

Thanks again for your response!

 

[great guru]

Thanks for your answer great guru! Your answer prompted me to a couple of follow-up questions:

1) So, if the systems starts getting flooded from LC approved applications from BEC from Y2000 to Y2003 PD, when do you foresee this happening? 1st quarter 2006?
2nd quarter 2006? YES
or even in sometime in 2007?

2) The other major question is when do you believe a widespread EB-2 retrogression will occur?

All specualtion. Wait and see this Sep Visa bulletin.
Per new analysis I have done today, it shows not much US, MS graduate in the year 2005 and s006.

Out of 20,000 quota for Y 2005 only 10,379 only utilized.
Out of 20,000 quota for Y 2006 only 8,212 only utilized.

We have some foreigners to compete EB2.

Most of the EB2 cases true colors will be known only in the I 140 stage, more scrutiny on qulaification, degree and experiences.

Considering all those EB2 retrogression may not be there, even it retrogress, it may be 1 yr. This all specualtion, because INS never release data on applications count, availability and pending at any pint of time other than totals per year.


Since the new fiscal year for Dept. of State starts in Oct 1, we can speculate that probably EB-2 retrogression wouldn't occur anytime soon since there are 140,000 fresh new visa numbers available, right?

3) Would it be reasonable then to expect that if I file thru PERM now with EB-2 filing, starting from the beginning with job postings, etc., would it be reasonable to assume an EAD would be available by mid next year, after assessing all the risks with EB-2 retrogression, and large numbers of LC approvals from BEC?

I know this is just speculation, I just want to assess the risks involved by switching employers today who is willing to file thru PERM rather than waiting on a void with the BEC with my pending LC from 08/2004.

You can go for PERM with same employer without distrubing BEC LC with entirely new job description with higher salary.
Thanks again for your response!

 

[ccv]

Thanks great_guru !

In that case would it be advisable to "stay put" on my current RIR filing ?

 

[acgv]

Current employer's "immigration policy" doesn't allow to convert to PERM, so if I stay with current employer I'm stuck with BEC...

However, I've received a job offer from new company willing to sponsor thru PERM immediately after accepting (this I requested as part of the job offer letter)...

Regarding the MS data you wrote down, I'm assuming you're talking about the 20,000 MS H-1B quota per year, correct? Interesting approach...You're trying to forecast new EB-2 applications to occur next fiscal year (never though of it that way)....

So I guess what you're saying is that from a point of view of new EB-2 applications, retrogression might not be likely to occur... BUT, the flood of LC certifications from BEC would occur probably in 2nd Quarter 2006 (of course this is speculation too!)... Not a very long time window to guarantee a smooth transition to EAD... I would then conclude based on these speculating assumptions, that probably this is the best time to apply thru PERM, up to 2nd quarter 2006... I'm oversimplifying but at least it gives me a benchmark to gauge the process.

Thanks!

 

[great guru]

Current employer's "immigration policy" doesn't allow to convert to PERM, so if I stay with current employer I'm stuck with BEC...

However, I've received a job offer from new company willing to sponsor thru PERM immediately after accepting (this I requested as part of the job offer letter)...

Regarding the MS data you wrote down, I'm assuming you're talking about the 20,000 MS H-1B quota per year, correct? Interesting approach...You're trying to forecast new EB-2 applications to occur next fiscal year (never though of it that way).... Thanks
So I guess what you're saying is that from a point of view of new EB-2 applications, retrogression might not be likely to occur... BUT, the flood of LC certifications from BEC would occur probably in 2nd Quarter 2006 (of course this is speculation too!)... Not a very long time window to guarantee a smooth transition to EAD... I would then conclude based on these speculating assumptions, that probably this is the best time to apply thru PERM, up to 2nd quarter 2006... I'm oversimplifying but at least it gives me a benchmark to gauge the process. Go ahead
Thanks!