Immigration Issues/PERM

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Question
Dear Ajay,
         Heard that PERM process is published and will start on March 28th. Information i got about PERM from different sites are not related. I thought, you are the best person to clarify about my situation.

1. My Labour is files in NJ in july 02 and still it waiting. So by March 28th, will it automatically convert to PERM?.

2. Will there be any additional fee ?.

3. I have moved to a different company , in order to full-fill client contract agreement ( by the knowledge of pervious company). My previous company is doing my GC. I will be back in the previous company in another 1 year. Will there any issue with PERM with this situation?.

Or other words, PERM cannot be used, if my GC is files by a different company?.

Please advice.

Thanks
Prem


Answer
Dear Prem,

Conversion to PERM is not allowed without first withdrawing the Labor application and then refiling as PERM. The problem is that you cannot retain the priority date if the Labor application was filed as RIR since the work order has already been placed by the state dept. of labor. Therefore, it is not possible to convert to PERM without losing the priority date. Since your case was filed in July, 2002, it is not worth it to lose the priority date, especially with EB-3 retrogression. Moreover, PERM requires substantial amount of advertising (which can be expensive) although there is no filing fee involved with PERM.

You can be sponsored by Employer A for Labor and currently be employed in H-1B status by Employer B, as long as Employer A is planning to employ you on a full-time basis in the "future" (when your I-485 is approved). The update section of our website at www.h1b1.com/updates.htm can be helpful with these issues as well.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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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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