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PERM Processing Labor processing through PERM

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  #1 (permalink)  
Old 04-30-2008, 04:33 PM
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Default Perm Approved - 6 months passed!! i-140?

A friend of mine had started his GC process in a big compnay on a EB2 pedestal. His PERM got approved sometime back. The attorney office that handled immigration services got changed and the new attorney office did NOT file his I-140 within six months of LC getting approved.

Now it seems that he has to redo the entire thing, starting the perm LC again from scratch! Yikes!

Any opinions? thx.
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  #2 (permalink)  
Old 04-30-2008, 05:04 PM
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Who said PERM must be used within 6 months to file I-140?
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  #3 (permalink)  
Old 04-30-2008, 05:19 PM
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Default Sorry to hear that

To my knowledge, it does not matter if it perm or regular processing LC, if not used with in six months, it is useless. Gurus correct me if i am wrong.
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  #4 (permalink)  
Old 04-30-2008, 05:21 PM
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Default

I had a PERM filed on August 06, and my lawyer filed my I-140 on May 07.

Can he be that negligent?
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  #5 (permalink)  
Old 04-30-2008, 05:26 PM
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Default 6 months

You need to file I-140 within 6 months. This new rule started last year.
http://www.murthy.com/news/n_procha.html
Labor Certification Expiration : 180-Day Limit

The DOL regulation establishes a 180-day expiration date on labor certifications. This affects all labor certification cases for which an I-140 has not been filed before July 16, 2007. There are two categories of cases: those labor certifications approved before July 16, 2007 and those approved after July 16, 2007. As explained in our article on the DOL regulation, labor certifications that were approved before the effective date of the regulation will expire 180 days after the regulation becomes effective on July 16, 2007. Labor certifications that are approved after the regulation is effective will be valid for 180 days following approval. The USCIS will reject any I-140 filings made by employers after the labor certifications have "expired." In the event that they erroneously accept any such cases, they will deny the I-140 petition.


Quote:
Originally Posted by ansari View Post
Who said PERM must be used within 6 months to file I-140?
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I am not a lawyer. This is my personal opinion.
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  #6 (permalink)  
Old 04-30-2008, 05:27 PM
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Default new rule for I-140

With effect of July 16, 2007, I -140 should be filed within six months from the date of approval of ETA 9089. If I-140 is not filed within six months, then that approved ETA 9089 will become null and void. Once again new process has to be done for the same candidate.
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  #7 (permalink)  
Old 04-30-2008, 05:27 PM
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Default

Quote:
Originally Posted by ansari View Post
Who said PERM must be used within 6 months to file I-140?
Department of Labor said that..

http://www.foreignlaborcert.doleta.g.../fraudRule.pdf

http://www.nafsa.org/regulatory_info..._certification

This rule does not apply to applicants approved prior to July 2007.
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  #8 (permalink)  
Old 04-30-2008, 05:28 PM
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Default You are ok

You filed before the new rule. So no problem

Quote:
Originally Posted by ansari View Post
I had a PERM filed on August 06, and my lawyer filed my I-140 on May 07.

Can he be that negligent?
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
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  #9 (permalink)  
Old 04-30-2008, 05:29 PM
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Default

Thanks. My I-140 is still pending. I hope it will be approved soon. EB3.
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