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Immigration Issues/Need help on Labor application

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Question
Hello

I came to US on L1-B visa on 28th March 2009 and statred on H1B on 12th Feb 2012.

I was out of US for 84 days since 28th March 2009.

my current petition end date is 15th july 2015.

I have not started with my GC process yet.

Is there a lw that Labor needs to be filed 365 before the end of 6 years.

In that case how can I handle my current situation of starting labor application. I believe the process take 4-5 months before apply labor.

Also Can I apply for prevaling wages and recruitment period at the same time?

Answer
Hi,

It is recommended, but not required, for the GC process through PERM to be filed at least one year before completing 6 years in H1B (or combined L1/H1B) status. However, 6 years can be extended based on pending PERM, or I-140 approval. So PERM can be certified in about 4 or 5 months after filing, and I-140 filed through premium processing, potentially resulting in I-140 approval within 15 days of filing. It is also possible to depart the U.S. for a short period of time to allow PERM to be pending for one year, or I-140 approved, whichever occurs earlier, and "extend" H1B status even if not present in the U.S.

It is recommended that PERM not be started until the prevailing wage determination from the Department of Labor because if the position is advertised at a salary that is less than the eventual prevailing wage determination, the process needs to be started from the beginning. Yes, it does typically take around 5 months for PERM to be properly prepared before it can be filed. Additional information about PERM is here: http://www.h1b1.com/practices/perm-labor-certification/

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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