want to apply PERM?

B

Bill629

Registered Users (C)
Hi,

I am in US since June 2000, my VISA is expiring jan 2006. I have applied (EB2/RIR) Labor in Sep 2003 in PA, state got cleared in 1 month, its been 2 years in Federal, and got struck in Philly Backlog center, my employer says he replied to the 45 days letter 3 months back. Suddenly now he says there are many queries raising by INS about his company and chances of Labor clearance is low. So, he is suggesting to apply for Labor again with PERM now. I would appreciate if anyone put some of their knowledge or their experiences to give me a better idea what to do. I have few questions:
1. Since my VISA is expiring Jan 2006, when should I apply for extension? Is it better to do Joint file with my spouse (but she is in India right now and be back to US in Nov).
2. If I apply again for Labor thru PERM, how long its gonna take to clear Labor. my company is in MD and PA, I am in NJ.
3. Will my old Labor (filed in Sep 2003) cancels, if I apply for PERM now?
3. Can use old Labor Priority Date while filing 140 after PERM got cleared?

As per other forums, I came to know that if we apply for PERM now, the GC is expected after 5-6 years. Please give me some ideas.

Thanks all for your efforts.
 
Last edited by a moderator:
Can somebody answer to these questions.

1. I already have my labor application filed under EB3 category under RIR but it has gone to backlog centres. Can I file a complete new application through PERM without disturbing the existing one in backlog? Does the new application need to be for the same job position or different job position or it doesnt matter ?

2. If its a complete new application for a new job posting , if my labor gets rejected under PERM, will it effect my existing labor application at backlog center?

3. Whats best advicable, to refile another application through PERM, or move the exisitng application to PERM?

4. What are the chances of rejection for EB3 under PERM?

5. I havent received any receipt or 45 day letter from backlog centres. My labor application was filed in Dec 2005. Is that normal? Is there any way we can find out where is it laying ? Can a UPS number help in tracking the application?

6. Is it advicable to file another labor application at all or should I wait for the exisitng application to be processed?
 
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