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priorityQ

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A local consulting firm has agreed to file for PERM-LCA for me. They tell me that I need to be on their payroll before they file for I-140 for financial reasons. Are they correct? What are the financial conditions for a company to file I-140?

Since PERM is for future employment, at what stage should I be on the payroll of the company?

What are the conditions for 7th year extension? Is it LCA approval or I-140 approval or 1 year since the LCA has been filed? How does the extension tie in if a candidate joins the company on the 5th year of H1B and uses an approved LCA filed before by the company for a similar position?

Please advise.
 
I don't think you need to join them until your I-485 is approved. However they probably want you to join now so that you don't work with them for 6 months after GC then leave them... But to answer your question, no, you dont have to.
 
You can join a company after the I-140 is approved if you wish. You have to work for them before filing I-485, though. The company needs to be able to support the wage. A LOT of cases receive RFE's or even denials at the I-140 level for "Ability to Pay" (if you want to research, look for the Yates Memo regarding this issue.) If your I-140 is approved, you can file for a 3 year extension. You can only file 1 year based on an LC if it's been pending for more than 1 year.

priorityQ said:
A local consulting firm has agreed to file for PERM-LCA for me. They tell me that I need to be on their payroll before they file for I-140 for financial reasons. Are they correct? What are the financial conditions for a company to file I-140?

Since PERM is for future employment, at what stage should I be on the payroll of the company?

What are the conditions for 7th year extension? Is it LCA approval or I-140 approval or 1 year since the LCA has been filed? How does the extension tie in if a candidate joins the company on the 5th year of H1B and uses an approved LCA filed before by the company for a similar position?

Please advise.
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Lets say the consulting firm files for my LCA in my 4th year of H1B. But, i join the consulting firm only when I have 6months more on my 6year term (i.e., I'm on the company's payroll at 5.5 years into H1B). So, they would be able to apply for my 7th year extension, correct?

st4rguitar said:
You can join a company after the I-140 is approved if you wish. You have to work for them before filing I-485, though. The company needs to be able to support the wage. A LOT of cases receive RFE's or even denials at the I-140 level for "Ability to Pay" (if you want to research, look for the Yates Memo regarding this issue.) If your I-140 is approved, you can file for a 3 year extension. You can only file 1 year based on an LC if it's been pending for more than 1 year.
Click to expand...
 
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