PERM reloaded

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Hexamon

Registered Users (C)
Ok ppl. I felt it's almost the right time to start a new thread about PERM :).

It's almost May 2003. This April DOL was/is supposed to take the first steps toward PERM. While Wachowski brothers kept their promise, there's seem no news about PERM. What's going on with that? Did it die out as it's various predecessors?

Let's consolidate and post any avaliable news here.
 
I read some where that DOL extended the date of PERM to October 2003, better to file LC in RIR at this time and not to wait for PERM, it has many restrictions and nobody knows when it will start, looking at the bad economy they may not start it in future as they are saying this from 2 years, don’t depend on PERM.

Who cares for immigrants in bad economy? INS/BCIS has still not issued the final regulation for AC21 and it is more then 2 years when AC21 became law.
 
Quoted from the first link...

"5. Scope of Green Card Portability Provisions Under AC21

The June 2001 INS Guidance summarizes that Section 106(c) of AC21 provides that both the labor certification and the approved Form I-140 to continue to remain valid where the person changes jobs, if the following two conditions are met:

(a) Form I-485 or the application to adjust status, on the basis of the employment-based (EB) immigrant petition has been filed and remains unadjudicated for over 180 days or longer; and

(b) The new job offer is in the same or similar occupational classification as the job for which the certification or approval was initially made. "

Does this mean that someone could change employers and still keep their labor certification process going? It isn't exactly clear, but thats what this quote seems to imply.

Doug.
 
Question about LC/I140 portability

How does it work when I140 and 485 filed concurrently. How long one should wait to switch employer from the date of concyurrent filing?
 
My lawyer told me that its unclear as to when the 180 days starts. The law just says 180 days after I-485 is receipted. Considering that the concurrent filing came in AFTER this law, then the law is unclear on this.
 
The law is unclear. INS once stated that it would not approve the I-140 in concurrently filed until it adjudicated the I-485 and therefore there would be no portability since the 180 period did not begin until the I-140 was approved and the I-140 and I-485 would be approved at the same time. INS has not done this and it raises even more questions regarding when the period starts. There are no implementing regulations for AC21 so the matter remains uncertain.

I tend to be conservative when I have a choice and I would not count the 180 period until after the I-140 is approved. However, if I had a client that was terminated in a shorter period, I would argue that the 180 clock started when the I-485 was filed, whether filed concurrently or not.
 
PERM thread

can someone advise on the following? what are some of the restrictions of PERM? who can file and who can not?
 
Jim, I have read that I-485 was denied by many service centers where the I-485 was filed on the base of approved I-140 and I-485 was pending more than 180 days. I also read that NSC, CSC, and VSC where I-485 was pending more than 180 days but the employer revoked I-140 before 180 days and I-485 was pending more than 180 days also denied I-485. The INS June AC21 MEMO does not say anything on this they only need I-485 pending more than 180 days and similar job. INS H.Q. also informed AILA that revocation of I-140 will not effect pending I-485 but the recent trend in service centers is different than the AC21 MEMO/guidance and it is not binding on BCIS. When the final regulations are published they may say that it was “UNDERSTOOD” that I-140 should be valid till the date I-485 gets approved under AC21, because in the past one needed to have valid I-140 underlying for I-485 approval. You are correct the law is unclear till INS/BCIS issues the final regulations.
“I would argue that the 180 clocks started when the I-485 was filed, whether filed concurrently or not.”
It depends if the BCIS buy your argument. Nobody is sure at this time.
 
What about EAD

Hi,

If your I-140 is still pending but your FP and EAD gets approved for I-485. Then what is the case as VSC is processign these really fast and the processing dates for I-140 is still stuck in last year July.

Can you switch jobs or change departments in your own organization.

Thanks
Va
 
Ginnu,

Of course it is subject to whether INS buy the argument or not. All submissions to INS are subject to that. I have consistently stated that the best route is to be safe and work for the sponsoring employer for at least 180 days after the I-140 is approved AND the I-485 is submitted. I've argued this point ad nauseum for the past 2 years with people who disagree citing Sheela Murthy and the June 2001 memorandum (remember, this memo is not binding and was written by INS (not BCIS) prior to the September 11, 2001 attack. Things have changed drastically since then.

I also stated that:

I tend to be conservative when I have a choice and I would
not count the 180 period until after the I-140 is approved.
However, if I had a client that was terminated in a shorter
period, I would argue that the 180 clock started when the I-
485 was filed, whether filed concurrently or not.

I am addressing a situation where the employee (my client) has no choice and has been terminated. I would then take an aggressive approach and argue with INS that the case should be approved under the existing law. Whether INS/BCIS agrees is, as you pointed out, another matter but the alternative is to give up and start over. I just wouldn't give up unless it was clear that there is no argument and no point in going further. This is not the case and there is an argument, therefore I would make it and find out if I can convince BCIS to see the error of their ways.

Jim
 
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