Can PERM process be initiated while H1-B is awaiting adjudication?

[ndbhatt]

Hi,
I recently changed my employer. I have I-94 valid till Jan 2009 from my previous employer. While I am awaiting for adjudication of H-1B Extension of Status (New Employer) filed in Vermont centre, can my new employer initiate PERM process for me?

Also, second question is little bit complex.
I am located in Austin, TX working from home for my new employer located in New Jersey. Where would my PERM application be sent to? Atlanta or Chicago?

Replies from Gurus most welcome.

Thanks!
Bhatt

[gc_chahiye]

Originally Posted by ndbhatt

Hi,
I recently changed my employer. I have I-94 valid till Jan 2009 from my previous employer. While I am awaiting for adjudication of H-1B Extension of Status (New Employer) filed in Vermont centre, can my new employer initiate PERM process for me?

Also, second question is little bit complex.
I am located in Austin, TX working from home for my new employer located in New Jersey. Where would my PERM application be sent to? Atlanta or Chicago?

Replies from Gurus most welcome.

Thanks!
Bhatt

yes. Your new employer can start the PERM process right away. GC is for a future job, technically you dont even need to join that employer until you get your GC, though typically joining atleast on filing I-140 is a good idea.

For PERM filing the location depends on the area of intended employment.
So it should be the same location as your H1-B LCA.

[ndbhatt]

Originally Posted by gc_chahiye

For PERM filing the location depends on the area of intended employment.
So it should be the same location as your H1-B LCA.

since I don't have copy of LCA where do I find that. I only know that my H1-B extension is being processed at Vermont center. Does this help in knowing my filing location?

[gc_chahiye]

Originally Posted by ndbhatt

since I don't have copy of LCA where do I find that. I only know that my H1-B extension is being processed at Vermont center. Does this help in knowing my filing location?

ask ur attorney; thats the best option (about PERM filing location). he/she had better know what he/she is doing

[arnab221]

Originally Posted by ndbhatt

Hi,
I recently changed my employer. I have I-94 valid till Jan 2009 from my previous employer. While I am awaiting for adjudication of H-1B Extension of Status (New Employer) filed in Vermont centre, can my new employer initiate PERM process for me?

Also, second question is little bit complex.
I am located in Austin, TX working from home for my new employer located in New Jersey. Where would my PERM application be sent to? Atlanta or Chicago?

Replies from Gurus most welcome.

Thanks!
Bhatt

Weather you apply from TX or NJ . It will go to Atlanta only . They adjucate PERM, cases arising from the East coast and South . Chicago adjucates for West coast and Midwest .The current delay in Atlanta is about 6 months .

[ndbhatt]

Arnab, Thanks for replying. I will set my expectations accordingly for the processing time while I restart my GC journey.