question regarding PERM

R

rajeevbakhru

Registered Users (C)
Hey Guys,

My Perm case was filed on 17th May 06 and its still in process. Yesterday, My attorney got follwing reply from DOL. It looks like I have to wait another 6-8 weeks.

Your case has been assigned to an Analyst for review. It will be reviewed in the order it was received, based on the principles of FIFO (first in first out). When the Analyst reaches your case in the queue, it will be reviewed and a final determination will be issued.Atlanta Processing center

I have couple of questions :
1) My H-1 expired on August 30th and my lawyer filed for extension in August to recapture the time I was in India in the last 6 years. And this extension is only till Nov 4th-06. So if I go back to India next month, do I need to have approved H-1 extension or I can go back on the basis of receipt number, hopefully there would be no problem while transit?

2) Also, can my employer continue the current labor which is in process?

3) And suppose Perm + 140 gets approved in near future. Can I come back on the basis of approved 140 and perm?

4) And my employer wants me to work from India. Is it possible to do that?

5) Also, in the worst scenario I think I can come back after 1 year gap on new H1.

I would really appreciate if somebody can answer these questions

Thanks
-Rajeev
 
rajeevbakhru said:
Hey Guys,

My Perm case was filed on 17th May 06 and its still in process. Yesterday, My attorney got follwing reply from DOL. It looks like I have to wait another 6-8 weeks.

Your case has been assigned to an Analyst for review. It will be reviewed in the order it was received, based on the principles of FIFO (first in first out). When the Analyst reaches your case in the queue, it will be reviewed and a final determination will be issued.Atlanta Processing center
From your information you have to leave US after Nov 4, 06. To come back you should have valid visa stamped in your passport not with any h1 papers

I have couple of questions :
1) My H-1 expired on August 30th and my lawyer filed for extension in August to recapture the time I was in India in the last 6 years. And this extension is only till Nov 4th-06. So if I go back to India next month, do I need to have approved H-1 extension or I can go back on the basis of receipt number, hopefully there would be no problem while transit?

2) Also, can my employer continue the current labor which is in process? YES
3) And suppose Perm + 140 gets approved in near future. Can I come back on the basis of approved 140 and perm? Definitely not
Approved PERM and I 140 are neither non immigrant visa nor immigrant visa, they are just underlying petition to qualify for an immigrant visa.
4) And my employer wants me to work from India. Is it possible to do that? YES

5) Also, in the worst scenario I think I can come back after 1 year gap on new H1. That is the only possible option available for you now.
I would really appreciate if somebody can answer these questions

Thanks
-Rajeev
Click to expand...
 
Thanks Guru for helping me out to understand

Can you please clarify one more thing, that if I work from India then is it possible for my US based employer to keep me on payroll here and give the salary in my current bank acc in US. And on what basis the taxes will be deducted since I won't be having any status in US (immigrant or non-immigrant).

Also, would there be any problem while leaving US as I only have H-1b ext receipt with me, no idea how much time it will take to get the H1 approval notice (I-797)


Thanks a lot for your help
-Rajeev
 
You could leave before your Nov 4th expiration, continue with the labor cert and I-140 process (expedited). As long as you're out of the country your H-1B has not expired. Then file for a 3 yr extension on your approved I-140 with the remainder of days left on your H-1B. Kind of like your lawyer has done for you this time...recapture of time.
If you can stay out of the U.S. for 1 complete year, this would be easier. But if you don't want to, it's an option worth exploring. Read this article...

http://www.twmlaw.com/resources/nonimmigrant/buyingtime.html
 
PERM - Labor Substitution

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Hi ALL,

Please help.

Do PERM cleared labor can be substituted for other person, I have been approached by one company for that?

Thanks
Arun
 
An approved PERM 9089 LC can be substituted for someone else as long as all parties (the original employee for whom the LC was filed, the attorney, and the employer) have signed the LC.
 
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