PERM processing offered in writing?

A

acgv

Registered Users (C)
Hello,

Does it make sense to accept an offer from a company willing to sponsor thru PERM after putting that in writing in the offer letter? I'm currently being sponsored the GC with my current employer and my case is in the Philly backlog center...
I'm afraid the employer can "decide" to process the case sometime later in the future even though the offer of PERM processing is in writing? I'll be screwed big time, even though the move is a good career move. I would definitely lose on my current PD of 08/2004 and now EB-2 retrogression coming soon in the horizon...

Don't know what to do, decision can damage my spouse's options, who's on H-1B and may give up job in order to go thru the faster processing... Any thoughts are well appreciated... Thank you!
 
Think over following

You need to think over following factos
1. The future company, who is going to file you LCA in PERM, is it a midsize/big company?
2. Will they start the processing immediately? If they have layoff record in previous six months, you would be in trouble. Many companies need scapregoat to start with PERM. They check whether they can get approval.
3. If you are going in EB3, you may loose the PD.
5. If you are in 5th year, you have a chanc for extension since your LCA is in process. But thru PERM result would be in max 2 months. Unfortunately, if it gets rejected, then you need to think about future plans (after 6 years).

Hope this would help.


acgv said:
Hello,

Does it make sense to accept an offer from a company willing to sponsor thru PERM after putting that in writing in the offer letter? I'm currently being sponsored the GC with my current employer and my case is in the Philly backlog center...
I'm afraid the employer can "decide" to process the case sometime later in the future even though the offer of PERM processing is in writing? I'll be screwed big time, even though the move is a good career move. I would definitely lose on my current PD of 08/2004 and now EB-2 retrogression coming soon in the horizon...

Don't know what to do, decision can damage my spouse's options, who's on H-1B and may give up job in order to go thru the faster processing... Any thoughts are well appreciated... Thank you!
Click to expand...
 
Madhurip,
Thanks so much for your reply! This is what I know so far:

1. The future company is going to file the PERM is a big company (very large pharmaceutical), it's a Medical job.
2. Just today, I'm trying to negotiate to start PERM process immediately, they have a policy in place to wait 1 year, which of course, is absolutely out of the question for me. I've been in touch with their immigration attorney and I should have an answer very soon (hopefully today). They're really interested in my services, so will see if they're willing to bend on this policy.
3. They have had layoffs in the past months, so the job postings they used to attract me cannot be used for PERM filing unfortunately. They need to start job postings from scratch. I don't know how long it takes in PERM though.
4. I'm going in EB-2, so I would be losing my PD from my current LCA in the backlog center (from Aug/2004).
5. I'm in the 4th year of the H-1B, I still have roughly 18 months left. I was already told I qualify for a 7 year extension.
6. I've read that from Dept of State website, that EB-2 retrogression might initially affect China and India nationals, I'm NOT a citizen of one of those countries.

It'll sound repetitive but my main concern is of course, my spouse which would be willing to give up job in order to potentially obtain an EAD near in the future... With the new fiscal year starting in October, I'm assuming there will be enough visa numbers next year in order to qualify for the I-485.

Any additional thoughts will be greatly appreciated!

Thanks!
 
Be careful!

Since you have 18 months left for your H-1B, you need to have a LC pending in system before 12 months left. Leaving your current company will kill your pending LC and you will not be able to extend your H-1B since you will have no LC pending for over 12 months.

If I were you, I will try to negotiate for immediate sponsor or the latest after 3 month, You need 3 months for preparing for PERM job ads. If your new company can not file your PERM before 12 months left, you might have to leave this country after your 6th year of H-1B.

So please be careful and ask immigration lawyer before you jump.
 
Bystander6,

Thanks for responding!
You're right, I'm trying to negotiate for them to start PERM process asap, it doesn't make any sense to have LC pending with less than 12 months remaining on the H-1B...I talked with the immigration attorney this morning, he said I would hear from them (or the company) very soon. I'm assuming today or tomorrow since job offer extended was valid till tomorrow, and employer is very interested in my experience.

If everything goes as planned (say, file for PERM during Fall, November 2005 latest) do you think we would run into problems for filing I-485 after that timeframe? My concern is that visa numbers will not be available then, assuming EB-2 retrogression occurs in the short term affecting all nationalities... Do you think my spouse could get EAD during first half next year??
I know there is not a clear cut answer and there's lots of uncertainty, but any insight is well appreciated!
 
Well, the company came back with their proposal... They say they will start the PERM process in January 06. They claim that they need an evaluation first from my direct manager before proceeding.This is understandable but they don't understand that this process takes YEARS to complete! Shouldn't my credentials be proof enough and my years of experience proves that...That would barely leaves me with roughly 12 months validity on my H-1B before it expires...Please the experts, what do you think of this?... Is this a better route than sticking with my current labor that's in the backlog center for who knows how long? Will I be better off going the PERM route?

Could I for example propose that I finance the whole GC, PERM process with my own money, is that allowed under the current immigrant laws??

Any insights will be appreciated! Definitely tomorrow I will have to provide my final answer...
Thanks!
 
Unless your relation with your current employer turns very sour, I would recommend that you stick with your current employer. Use the offer letter to get a better deal. Even if EB2 does retrograde, with an approved I-140 will allow you to extend H-1B at 3-year increment till EB2 visa available.

One of my friends jumped to another company with commitment of immediate sponsorship but it ends up with an empty promise due to 911. There are many uncertainties and employer always has better say about what they want to do. Good luck.
 
I am exactly in the same boat.

Labor PD with current employer July 2003

Though employer is not commenting, but it looks like its EB3, as the advertisement does not mention bachelor's + 5 years explicitly.

I have a new offer, and vendor is promising to file in EB2 PERM. But I am from India, so again EB2 retrogression is scary part. I have around 20 months left on h1b.

Does anybody know how the processing is going in Philly backlog? Also anybody knows what would be the occupation title / Onet code that could be used in Computers field for filing PERM in EB2?

Thanks in advance
 
If your old employer does not withdraws your LC at the time of your 7th year extenion, I guess you can use that LC Priority Date for the 7th year extension.

Any one correct me if I am wrong.
Past month One of my friend changed his company in 6th year ending and submitted his old employer's LC filing proof for his 7th year H1 extension.

Thanks
 
VJ2004 said:
If your old employer does not withdraws your LC at the time of your 7th year extenion, I guess you can use that LC Priority Date for the 7th year extension.

Any one correct me if I am wrong.
Past month One of my friend changed his company in 6th year ending and submitted his old employer's LC filing proof for his 7th year H1 extension.

Unless you have an agreement with your old employer, how long can you trust them for your 7th, 8th, 9th yr extn through your new company by using old employer's LC/
Thanks
Click to expand...
 

I believe,
All you need is 1 year initially, once you get an extension .You can use your current employer filed PD for further extensions.
 
I was able to negotiate with my employer and now they're going to put it in writing in the job offer that I'll be signing, that they will start processing PERM and all the remaining steps of the GC process as soon as I join them. I should be receiving that updated job offer sometime today.

Hopefully everything goes well, I have been reading in many different posts that the way to go is thru PERM since the backlog center is really such a big black hole. PERM approvals seem to be ocurring relatively fast, so after filing I-140 and I-485 (assuming no widespread EB-2 retrogression exists), we may be able to get EAD a few months after. It's a plan, we'll see if it works out.

Thanks!
 
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