Pls help - PERM Labor questions.

[Ajaykumar]

Hi All,

Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

3. How long I can continue with future employment in the GC process?

4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

All the best!!!

-
Regards
Ajaykumar

[wandmaker]

Originally Posted by Ajaykumar

Hi All,

Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

3. How long I can continue with future employment in the GC process?

4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

All the best!!!

-
Regards
Ajaykumar

#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

#4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.

#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.

[Ajaykumar]

Thank you wandmaker for answering the questions. All the best.

[sk.aggarwal]

In same context, if I140 is approved with employer A as a future employee. Can present employer use it to extend visa by 3 yrs, w/o going through labor/GC process

[akilhere]

Originally Posted by wandmaker

#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

On the other hand, chances are that a large number of applicants might not have the exact skillset mentioned in your advertisement as the current market has driven some desperate candidates to apply even if the requirement matches only 10% of their profile. So, it depends on your luck. The general assumption is that, people look to better their salaries, roles when the economy is doing good. So it is not necessarily going to help you a lot even in a good economy. This topic can be argued both ways.

Be greedy when the market is fearful and be fearful when the market is greedy - W.B

[thomachan72]

Originally Posted by wandmaker

#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.

#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.

In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.

[uma001]

Ajay,

Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.

Originally Posted by Ajaykumar

Hi All,

Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

3. How long I can continue with future employment in the GC process?

4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

All the best!!!

-
Regards
Ajaykumar