What should the right decision be?

A

acgv

Registered Users (C)
Hello,
I have a job offer from a firm in North Carolina that will sponsor me for PERM. Currently I'm employed in CT still awaiting confirmation from the Backlog Elimination center that my case was received (priority date Aug-2004).

The job offered is very specialized and very difficult to fill, in fact I was offered the job earlier in the year and still hasn't been filled and it has been publicized in many different places. Now I'm reconsidering because I've read that not only the BEC will take 24-30 months, but also when applying for I-140 and I-485 the process will be "backlogged" from the 300,000+ approved labored certification currently being processed.

1) If I accept the job offer, do I have to start working on day 1 in order to file PERM? Can they file PERM before I start working? Does there have to be proof of payment (paystub) before even starting the PERM process?

2) In relation to my spouse, what do you estimate is the range of waiting that will take to have the EAD approved for working legally if we decide to go the PERM way with this new company? We've been thinking that if I start, say in May 1 with the new employer by August 1 approx. PERM will be approved and then I-140 and I-485 would be filed at the same time; proof of receipt of I-140 would take approx. 90 days, plus 90 more days to get the EAD, we believe that reasonably the EAD could be received by February next year. Is this timeframe reasonable?

Please any insight will be extremely appreciated...

Thanks!
 
AS in the previous LC system, PERM is for a FUTURE job offer...so there is no need to be working with the company that files for you. However, at I-140 stage (i.e. after LC is approved and you file with USCIS) it is advisable to be working for the company that sponsored your PERM.

When filing for PERM, the trickiest part concerns 'job duties' as well as the prevailing wage offered.

Please look at the following links from DOL for more specific info.
http://www.ows.doleta.gov/foreign/
http://www.plc.doleta.gov/PLC_FAQ.pdf
http://workforcesecurity.doleta.gov/foreign/wageinfo.asp
 
How long until EAD is approved?

Thanks for your reply mar2004!
From your response it seems as if I can accept the job offer and start a later date while they process PERM I was actually thinking of starting in 2 months time or so to give my spouse time for an H-1B transfer with another company.

So our greatest concern is, should my spouse not get a new job in the area and therefore lose the chance of an H-1B transfer, what would be a reasonable amount of wait time until the EAD is approved? Probably by February next year? Please advise!!

Thanks again!
 
If you plan on moving to NC, it's better for your wife not to take up a new job in your current state with the H1B transfer...in order to save money on filing and attorney fees at least.

Of course, if you move to NC, make sure you have an H1B petition filed for you - i.e. the NC company should also file for your H1B to make sure you can work there!

I don't know about EAD - sorry!
 
well, I dont know anybody who has applied for I-140 from another employer since most of the people join employer after labor approval but I do know a lot of people getting query about paycheck and W-2. So best is to join sponsoring employer before filing I-140.
 
I agree with cooldesi. In theory, there is no reason to join the employer sponsoring your GC at any moment prior to the approval of your GC. In practice however, USCIS is likely to look more closely at cases where the employee is not working for the sponsoring employer. This is because of fraud issues, etc.
 
It seems that the "safest" thing to do is join the employer just before PERM is approved, to avoid any conflicts and...

Now, can anybody provide links or information where I could get a reasonable estimate of when my spouse would obtain the EAD permit once I start the PERM route? Our worries are that she won't be able to get an H-1B transfer once I accept the job in NC and be without a job for a long time. Does the February timeline sound reasonable?

Any leads will be appreciated... Thanks.
 
acgv,
Nobody has answer to your question. Perm should be approved in 2-3 months if we go by what DOL is saying. After that if you are in EB2 ( and EB2 does not retrogress) you should be able to apply for I-485 and I-140 together and get EAD in 3 months.
 
Thanks for your response cooldesi!

What I was looking for was a reference, I agree with your assessment that everything right now is "in the dark", nobody knows exactly anything about timing and now that some PERM applications are being rejected, it's very uncertain.

In theory doesn't look that bad, getting the EAD approx. 3 months after applying for I-140 and I-485.

Thanks again!
 
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