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hi,
i had joined a new employer and they had started my perm application process for GC in EB2 category. however after joining, there were some layoffs in the company. because my current employer is now unstable, im not sure if they will be able to file the perm in time. and because of the instability, i am considering moving to another company. however if someone could shed light on some of my options in this situation, esp. because the 6th year of my H1B starts in nov 2016, that would be great.
my specific questions are -
1)is my understanding correct that the PERM application needs to be filed (and not necessarily approved) before the 6th year of the H1B starts so that i can renew my H1B 1 year at a time?
2)if the PERM is not filed before the 6th year of my H1B commences (in nov 2016), then what are my options?
3)if the i140 is approved before the 6th year of my H1B ends, then I can keep renewing my H1B for 3 year periods till my GC arrives. is my understanding correct?
4)since my 6 years on H1B finish in nov/2017 (maybe a month or so of recapture time), i wanted to know if it was still feasible to move to a new employer and ask them to file for my perm/GC? would this happen in time if i am able to move in by may/june?
5)if i do move to a new employer and they have to start my perm process again, what are the steps and timeline i need to go through? i ask this because my current employer delayed the process a lot and so now i am not sure what the various steps for filing for perm are and time each step takes (in months). i ask about the timeline esp. because if i plan to change employers, i would like to know if they can file my perm in time so that i am eligible for h1b visa extensions. else the move will be futile.
6) how much time does a typical PERM application take for approval - i have read it could take from 3 - 6 months to a year but what is the ideal case/worst case?
7)if i stick with my current employer and they file my perm, chances are DoL will ask if there have been layoffs in the company in the past 6 months and the answer would be - yes - in this case, does my PERM application get rejected or do we have to wait for some more months before being able to file the PERM? what are the consequences/outcomes of a PERM application being audited?
please let me know as soon as possible ...
z.
i had joined a new employer and they had started my perm application process for GC in EB2 category. however after joining, there were some layoffs in the company. because my current employer is now unstable, im not sure if they will be able to file the perm in time. and because of the instability, i am considering moving to another company. however if someone could shed light on some of my options in this situation, esp. because the 6th year of my H1B starts in nov 2016, that would be great.
my specific questions are -
1)is my understanding correct that the PERM application needs to be filed (and not necessarily approved) before the 6th year of the H1B starts so that i can renew my H1B 1 year at a time?
2)if the PERM is not filed before the 6th year of my H1B commences (in nov 2016), then what are my options?
3)if the i140 is approved before the 6th year of my H1B ends, then I can keep renewing my H1B for 3 year periods till my GC arrives. is my understanding correct?
4)since my 6 years on H1B finish in nov/2017 (maybe a month or so of recapture time), i wanted to know if it was still feasible to move to a new employer and ask them to file for my perm/GC? would this happen in time if i am able to move in by may/june?
5)if i do move to a new employer and they have to start my perm process again, what are the steps and timeline i need to go through? i ask this because my current employer delayed the process a lot and so now i am not sure what the various steps for filing for perm are and time each step takes (in months). i ask about the timeline esp. because if i plan to change employers, i would like to know if they can file my perm in time so that i am eligible for h1b visa extensions. else the move will be futile.
6) how much time does a typical PERM application take for approval - i have read it could take from 3 - 6 months to a year but what is the ideal case/worst case?
7)if i stick with my current employer and they file my perm, chances are DoL will ask if there have been layoffs in the company in the past 6 months and the answer would be - yes - in this case, does my PERM application get rejected or do we have to wait for some more months before being able to file the PERM? what are the consequences/outcomes of a PERM application being audited?
please let me know as soon as possible ...
z.
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