Urgent Need For PERM advice

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PERMforGC30

Registered Users (C)
Hi ALL
I have been watching in this forum and I found it very interesting. Thanks to all information provided in here.
I am working for a small consulting firm in CALIFORNIA, I do have a lawyer but I do want to hear some real comments not what he has to say. We are waiting for 30 job order period and the quiet 30 days before we could apply for the DOL which will be in January 8-9th 2007. The problem here is that my F1-OPT is expiring on January 31st 2007. I know I don't have time, but I am bein so optimistic about it. I do have some questions:
1- Do you have an idea how long does the LC take for applicants in CALIFORNIA?
2- In the best case scenario, how much time does it take to get a work permit?
3- Is it true that as soon as we apply for I-140 I can stay legally in the US until I get it?
4- Is there any way to rush the I-140 and I-485 process?

All answers and comments are welcome.
Thanks to all, and again thank you for sharing your info
Ed
 
The replies to your questions depend on whether you are EB2 or EB3. Post this so the guru's can tell you :).

I am not a paralegal nor lawyer and can tell you only what my lawyer told me for the same exact set of questions: 6 to 8 months (from start of labor preparation) before he is sure if it is EB2 or EB3. I guess our 6 months started in September.

You have 2 months of legal stay after the OPT expires, but you cannot work during that time.

Post EB2 or EB3 so st4rguitar or Daniela can tell you more!! I am also curious guys!
 
For Eb-2

Thanks Unsure for your reply.
The lawyer said that my case will be eligible for EB-2 category.
Looking to hear from you guys.
Thanks
 
If I can give you an advice is to start preparing the I140 application now - you could use the time to collect the experience letters (if you haven't done it already) and anything else you would need ... ask you lawyer.

PS I am also in califonia
 
Yes I had the experience letters ready even before applying for labor as well. Prep work makes things go smoother.
 

Q1 - It doesn't matter what your state is, it matters which service center you apply at. For California, your petition for PERM LC automatically goes to Chicago (this is a good thing). Average Chicago processing time for cases based on our experience is about 2 weeks (depending on how well your application is drafted, of course! ;-)
Q2 - You can't work after your OPT expires unless your employer has filed an H-1B for you. As the CAP closed a few months ago, your employer will have to wait to file a new H-1B for you until the numbers re-open.
Q3 - After your I-140 is approved, you have to wait until your priority date becomes current to file your I-485. You can't work based on an approved I-140. You must be on an H-1B or EAD, and you can't file the EAD until the I-485 is filed.
Q4 - You can file premium processing for I-140 and get a response in 15 working days.

In summary however, you will be out of status as of the day your OPT expires, and if you remain in the US out of status, the USCIS will more than likely NOT look kindly on that when they are reviewing your I-485 permanent residency petition. My advice? Take some more classes and remain on an F-1 visa until your employer is able to file a new H-1B visa for you when the cap reopens for the next fiscal year.

Good luck to you.



PERMforGC30 said:
Hi ALL
I have been watching in this forum and I found it very interesting. Thanks to all information provided in here.
I am working for a small consulting firm in CALIFORNIA, I do have a lawyer but I do want to hear some real comments not what he has to say. We are waiting for 30 job order period and the quiet 30 days before we could apply for the DOL which will be in January 8-9th 2007. The problem here is that my F1-OPT is expiring on January 31st 2007. I know I don't have time, but I am bein so optimistic about it. I do have some questions:
1- Do you have an idea how long does the LC take for applicants in CALIFORNIA?
2- In the best case scenario, how much time does it take to get a work permit?
3- Is it true that as soon as we apply for I-140 I can stay legally in the US until I get it?
4- Is there any way to rush the I-140 and I-485 process?

All answers and comments are welcome.
Thanks to all, and again thank you for sharing your info
Ed
Click to expand...
 
I just want to fix two things about what st4r commented:

Q2 - You can't work after your OPT expires unless your employer has filed an H-1B for you. **** This does not mean that you can work while waiting for your H-1B to be valid, you can only work AFTER your H-1 goes into effect, AKA October 2007.

***In summary however, you will be out of status as of the day your OPT expires, and if you remain in the US out of status, the USCIS will more than likely NOT look kindly on that when they are reviewing your I-485 permanent residency petition.*** This is incorrect, you have two months of grace period after your OPT expires, that allows you to basically pack your bags and leave. You will not be out of status until 60 calendar days have passed. If a law changed from 2005 (when my OPT expired), until now, then st4r may be right.
 
The law has not changed about 60 work days. I got my H1B starting November 1st and when the office started preparing the application in October, they told me not to worry, they are going to do it premium, but if it is not done by November 1st, I still have the 60 days during which I am in status because of the OPT. My OPT expired Oct 31. I got the visa Oct 21st. It was quite scary.
 
Thank you for clarifying, Immi. Sorry, I meant once the employer had obtained the visa for you, not filed, but approved, you are correct.
With regards to the "grace period," yes, there is technically one, but in our experience, we have found that the USCIS will delay applications nonetheless for I-485 for ANY reason. Basically, we don't want to give them that opportunity to do that. We have a few cases that have remained in security checks for such situations where there are gaps in visa validity. It's best to avoid anything that will reflect negatively.

ImmigraBoy said:
I just want to fix two things about what st4r commented:

Q2 - You can't work after your OPT expires unless your employer has filed an H-1B for you. **** This does not mean that you can work while waiting for your H-1B to be valid, you can only work AFTER your H-1 goes into effect, AKA October 2007.

***In summary however, you will be out of status as of the day your OPT expires, and if you remain in the US out of status, the USCIS will more than likely NOT look kindly on that when they are reviewing your I-485 permanent residency petition.*** This is incorrect, you have two months of grace period after your OPT expires, that allows you to basically pack your bags and leave. You will not be out of status until 60 calendar days have passed. If a law changed from 2005 (when my OPT expired), until now, then st4r may be right.
Click to expand...
 
Thanks but

Thank you so much for your answers and your valuable time. However I am still confused:
- Counting days: If everyhting goes well, January 9th will be day for applying for LC, max 2 weeks in Chicago, and 2 weeks premium for I-140 that will be 9th of February, then I-485 if it s not filed conjountly with I-140 (since an EB2 visa number is available and I m not from countries with caps). I think I-485 will be approved in those 60 days after my F1-OPT expires!!!!
- In the other scenario, If I leave the US will the process will be the same, or I have to do something else to get the GC?
- Is it an option to change my status to H1B with another employer (University ) while this process is going on with this employer?
- You mentioned changing the status to F1, is this will not delay the PERM process?

I truly appreciate your consideration.
Thanks
 
EB2 from "other" ? That's GREAT, you surely caught a lucky break with that !!
Now that we know this situation better, ensure that you file your I-140 premium processing and I-485 concurrently. I.E. - start gathering the supporting documents necessary NOW so you can ensure to get everything done. In addition to filing the I-485, also file your EAD concurrently, which will give you the ability to work on the EAD.

Good luck, dear !


PERMforGC30 said:
Thank you so much for your answers and your valuable time. However I am still confused:
- Counting days: If everyhting goes well, January 9th will be day for applying for LC, max 2 weeks in Chicago, and 2 weeks premium for I-140 that will be 9th of February, then I-485 if it s not filed conjountly with I-140 (since an EB2 visa number is available and I m not from countries with caps). I think I-485 will be approved in those 60 days after my F1-OPT expires!!!!
- In the other scenario, If I leave the US will the process will be the same, or I have to do something else to get the GC?
- Is it an option to change my status to H1B with another employer (University ) while this process is going on with this employer?
- You mentioned changing the status to F1, is this will not delay the PERM process?

I truly appreciate your consideration.
Thanks
Click to expand...
 
str4guitar,

A related question...from your experience, what other of situations (such as the one you mention below) delays security checks?

Does frequent work-related overseas travel while on H1 affect it in any way?

st4rguitar said:

We have a few cases that have remained in security checks for such situations where there are gaps in visa validity. It's best to avoid anything that will reflect negatively.
Click to expand...
 
GotGC?? said:
str4guitar,

A related question...from your experience, what other of situations (such as the one you mention below) delays security checks?

Does frequent work-related overseas travel while on H1 affect it in any way?
Click to expand...

I don't see how that would delay anything. I think things that would delay would be minor criminal offenses, small gaps in immigration, etc... Anything big would get you a rejection, but small things should just delay the process, unless you give a thorough explanation of everything when you apply for I-485, which is always recommended
 
Also, an important thing to note, one of the attorneys showed me some pending legislation which would allow for the government to stop anyone at anytime and put them into removal proceedings if out of status for more than 60 days.
In essence, just do everything you can to follow the rules.
 
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