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novice123
02-19-2009, 03:53 AM
Gurus,
I just finished 4 years of H-1B and my PERM has been recently filed by my company in January 2009. I heard that many PERM applications are just denied and sent back to employer for more supervision labor filing process. Please let me know if anyone seeing this lately?

novice123
02-19-2009, 10:55 AM
Also is it legal to request employer to give me any information to check the PERM status online?

hopefulgc
02-19-2009, 01:23 PM
Honestly, most of us here don't know what actually is happening.. but this is what we have been hearing in the circles & from looking at trends:

1) EB1 I-140 is getting next to impossible no matter what
2) EB2 NIW apps are easier if you have PhD + 2 papers and 2 citations.. or masters with awards..else denial
3) EB2 PERM --- supervised labor recruitment hands down
4) EB2 -140: us masters + 3 yrs exp + different employer.. ok.. else denial (doesn't make sense.. I know)
5) Filing an eb2 I-140 with a pending EB3 app: Above conditions + NOID on EB3 app (what is the F**king rationale for this one??).
6) Eb3 perm- not bad .. but taking 1.5-2 yrs for approval.
it is probably time just stay put and ride the recession out.. ..maybe after that the PERM and shit might be easier.



Gurus,
I just finished 4 years of H-1B and my PERM has been recently filed by my company in January 2009. I heard that many PERM applications are just denied and sent back to employer for more supervision labor filing process. Please let me know if anyone seeing this lately?

svr_76
02-19-2009, 01:24 PM
Legally the PERM and I-140 document are employer's document, so employer is not "legally" obligated to share the details with you. But that is with the assumption that they are bearing the cost of those process (that's the right way).

If employee is bearing the cost of PERM/LC process...then its "ethically" wrong for the employer to deny providing labor details. But again legally, they cannot be required to share.

angelfire76
02-19-2009, 02:35 PM
Honestly, most of us here don't know what actually is happening.. but this is what we have been hearing in the circles & from looking at trends:

1) EB1 I-140 is getting next to impossible no matter what
2) EB2 NIW apps are easier if you have PhD + 2 papers and 2 citations.. or masters with awards..else denial
3) EB2 PERM --- supervised labor recruitment hands down
4) EB2 -140: us masters + 3 yrs exp + different employer.. ok.. else denial (doesn't make sense.. I know)
5) Filing an eb2 I-140 with a pending EB3 app: Above conditions + NOID on EB3 app (what is the F**king rationale for this one??).
6) Eb3 perm- not bad .. but taking 1.5-2 yrs for approval.
it is probably time just stay put and ride the recession out.. ..maybe after that the PERM and shit might be easier.

Doesn't make too much sense with respect to PERM. This is because they are approving June 2008 and in the process of approving some July 2008 cases without any audit. Heck, some guy I know who did his BS in Biomedical and is working in software got his PERM approved in EB2 last week.

winguru
02-19-2009, 03:29 PM
From what I have seen people with Masters degree are getting Eb2(perm) and I140 approvals faster.

novice123
02-19-2009, 03:41 PM
As you have all mentioned its very unpredictable.
I am masters with 5 years experience including 1 yr of OPT period. But now that I am approaching end of 5th year of H-1B this November, such unpredictability in PERM approvals really worries genuine filers.

Is it safe to start another PERM application with another employer whom I will consider working for if until I-485 things are faster on that application? Or will it risk my current PERM application?

Company is bearing expenses and all for PERM so I am not sure If HR would consider even giving any info to track the PERM.

slowwin
02-19-2009, 04:26 PM
Don't suggest wrong info. It is illegal to share or bear cost of LC/PERM.

Since LC and I-140 applications are employers' legally, they are not legally obliged to share them with the employee. But, generally most of the employers at the least share LC number, I-140 receipt number/copy etc.

Thanks ,
slowwin

Legally the PERM and I-140 document are employer's document, so employer is not "legally" obligated to share the details with you. But that is with the assumption that they are bearing the cost of those process (that's the right way).

If employee is bearing the cost of PERM/LC process...then its "ethically" wrong for the employer to deny providing labor details. But again legally, they cannot be required to share.