Is it a good time to file a GC?

[rim1122]

In continuance to my early question about 6 year H1 B visa cap, I had questions about filing for GC in the current situation.

Our situation:
- 3 years left for the 6 year cap to complete.
- Employer is close to achieving a 80% American citizenship employee status.
- The skill that labor will be filed for is truly strong with 14+ years of experience.
- Employer says inspite of all the feasible conditions, due to current unemployment rate there could be chances of rejection of labor, or a possible delay of 2+ years for just the labor.
- This would be an EB2 filing.

Questions:
-What would be an ideal time or what factors can help determine the right time?

- Considering we have only 3 more years left on the H1 B visa to complete the 6 year clause, is it worth a try?

- The employer says that the USCIS asks for phone numbers of mandatory interviewees to clear labor. This is a new rule, he says? Is that true? The employer has a good history with 80% American citizens as employees and has his credentials in good faith and place.


Considering this situation, can someone guide us as to whether we should go ahead and file for the GC?

[simple1]

The process.
* first find a "permanent job" that is public advertised (with external company or if possible with in existing company), attend interviews along with general public (usc, gc, h1b, l1b, e3, opt, asylum-ead, nafta-tn, L2-EAD, L1A, etc) and get selected.
* If the new permanent job is with new employer, Ask them to file perm (based non availability/capability of usc and gc applicants) and h1b/lca transfer. After successful h1b transfer, start working in new permanent job.
* If the new permanent job is with existing employer: Ask them to file perm (based non availability/capability of usc and gc applicants) and lca for existing h1b/l1b. Start working in new job immediately.

Summary: apply and win "permanent job" first. Rest of the steps will follow easily.

[gcwait2007]

Hello rim1122,

First of all, you have to be clear what you want in your life. If you want to settle down in USA, you should go ahead and file for PERM and move on in the GC process. Filing for GC is purely a personal decision

Answers to your specific questions:

-What would be an ideal time or what factors can help determine the right time?

Any time is ideal as long as you are clear in your mind. I believe you are in the right time frame of having crossed 3 yrs. Approval of PERM and I-140 will help you for getting extension of H1-B in due course.

- Considering we have only 3 more years left on the H1 B visa to complete the 6 year clause, is it worth a try?

Please see the answer above

- The employer says that the USCIS asks for phone numbers of mandatory interviewees to clear labor. This is a new rule, he says? Is that true? The employer has a good history with 80% American citizens as employees and has his credentials in good faith and place.

It is OK for giving phone number, unless you have some specific reason. Normally every one provides their phone number in the application and rarely, DOL or USCIS calls you. Normally they communicate thru attorney/ employer.

[rim1122]

Hello simple1 and waitingforgc2007...

thanks for the reply. it did help ..... sometimes you have a hint as to what you want and what's right .... but just need some kinda information to confirm it... your replies did help on that front ...