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PERM Processing Labor processing through PERM

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  #1 (permalink)  
Old 04-28-2006, 02:44 PM
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Default PERM Job Order Issue - Please help

Hi All,
As most of us know that to calculate time to file PERM case SAFELY is: 30 days Job Order with SWA + 30 Days quite period from the last recruitment effort.

I've an unique issue here and hope PERM gurus can help.

1. After obtaining PWD in Mid Jan 2006, my company claim to file job order in first week of Feb 2006.

2. After that they did all the recruitment efforts (sunday ads etc) and completed everything by some time in Mar 2006.

3. After that they waited for more than 30 days.

4. Before they could file PERM, they realized that they do not have exact Job order date, which is I think required to file PERM case. They contacted the SWA and found out that there is NO RECORD OF THIS JOB ORDER FOR MONTH OF FEB 2006. Infact, I called myself and they have my company registered but no record of this job order submission.
Now, I'm not sure if it's a fault of SWA or my company but my life has been screwed as I'm approaching end of my 6th year in Nov, 2006.

5. My company has file job order again today but my issue is:-
A. Do we need to wait again for 60 days (30 days with SWA + 30 days quiet period) or can we just wait for 30 days till the time job order is open and then file the case? Shouldn't that 30 days quite period starts from the last recruitment efforts (which ended in sometime in Marc 06).
B. Or worse case, should we need to repeat the whole story again, file job order, do recruitment effrots (sunday ads etc), wait 60 days?


Please help, what are the options?

Thanks,
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  #2 (permalink)  
Old 04-28-2006, 04:45 PM
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meg_z is on a distinguished road
Default I believe

you only need to repost the job order for 30 days and wait for 30 more before filing. Other recruiting needs to be more than 30 but less than 180 days before filing.

This is just my understanding. Please post this on immigrationportal.com. Good luck.
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  #3 (permalink)  
Old 04-28-2006, 09:18 PM
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makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute
Default

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Originally Posted by meg_z
you only need to repost the job order for 30 days and wait for 30 more before filing. Other recruiting needs to be more than 30 but less than 180 days before filing.

This is just my understanding. Please post this on immigrationportal.com. Good luck.
Thanks meg_z. That's what my understanding is but thought no harm in re-affirming. I've already posted on immigrationportal.
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  #4 (permalink)  
Old 04-29-2006, 03:31 PM
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mdforgc is infamous around these parts
Default This is right

One has to wait 60 days after filing the job order, all other forms of recruitment one has to wait only 30 days. The valdidity period of any form of recruitment is 180 days, which means you have to file PERM before 180 days have passed from any form of recruitment ad has been placed.

Again, if your 6th year of H1 is ending in Nov 2006, how will u be able to extend your H1 based on a filed LC, it has to be filed 365 days or more before the expiration date of your H1. I assume your 6th year of H1 is starting in Nov 2006, you still have time, act fast, and one advice, track everything yourself, do not trust the lawyer or the company- personal experience.
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  #5 (permalink)  
Old 05-01-2006, 09:41 AM
Senior Member
Priority Date
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Jul-06
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I140 Mailed Date
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I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 504
makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute
Default

Quote:
Originally Posted by mdforgc
One has to wait 60 days after filing the job order, all other forms of recruitment one has to wait only 30 days. The valdidity period of any form of recruitment is 180 days, which means you have to file PERM before 180 days have passed from any form of recruitment ad has been placed.

Again, if your 6th year of H1 is ending in Nov 2006, how will u be able to extend your H1 based on a filed LC, it has to be filed 365 days or more before the expiration date of your H1. I assume your 6th year of H1 is starting in Nov 2006, you still have time, act fast, and one advice, track everything yourself, do not trust the lawyer or the company- personal experience.
No, my 6th year is expiring in Nov 2006 and i'm hoping to get some extension on time recapturing or if I get I140 by that time, I'll probably go for 3 years extension on that. I'll keep your advice of tracking everything yourself in mind. Though I've been tracking lot of these activities but still this process is so complicated that you cannot track each and everything. And if I can, why the heck do we need these attorneys.
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