Hi,
I have been working in US for 3yrs by now and my H1 will expire in May. My company has already started working on to sponsor me for PR filing. Now my lawyer asked me to first extend my h1 status before proceeding for PR. And applied for my next 3yrs extention. Was it necessary to do so? Lawyer is asking me to wait till the extension gets approved then he will start filing application for PR process. Any suggestion what should i be doing next? Do i wait till approval or request the lawyer to start applying for PR as the company has already fulfilled every aspect of papers needed for PR.
Is it possible to apply PERM before h1 extension approval?
Please anyone with idea .....
I am not pro on this but my 2 cents here..
- You dont have to wait for your H1B extension to file for PERM.
- You have to file your H1B to maintain your status until you got your Green card approval.
Your lawyer is right. It takes almost more than a year time for PR processing and if your H1B gets expired you will be out of Status and you cannot apply for PR.
First thing is to get your H1 extension, and start PR processing.
I agree with damauli guy, lawyer can start both process simultaneously
Thank you for quick reply @ damauli_guy, problem solver.
H1 extention apply bhaisakyo waiting for the decision. Ajhai 1 mahina baki chha purano visa expire huna, ahile Perm apply garna milchha? Mero lawyer le ta new H1 extension ko decision samma kurnu parchha bhanchha ta? K garne hola?GC ko lagi 1yr lagchha tesaile chitto garna khjeko kaam bata hunchha bhanisakyo tehi pani yo lawyer le block garirakheko chha. Kunai sujhab bhaye ma share garnu hola.
H1 extension was necessary but u dont have to wait for h1 extension decision to start Perm. are u already done with prevailing wage determination and advertizement processes? Coz if u r just starting, Perm application is at least 4 months far with 2 months for prevailing wage determination and 2 months of advertisement process before u can apply for Perm. So u will have received ur h1 extension decision by that time even if ur lawyer wants h1 extension decision to apply Perm. Tell ur lawyer to start up.
Dhanyabbad ny2,
Yo Lawyer lai kasari bujhaune hola, Kehi step suru gareko chhaina, only company agreed to sponsor and has given me a written document of the sponsoring. Sabai kura lawyer ko haath ma chha kina ki lawyer chahi employer ko tarfa bata ho usle jaso garne bhanchha testai garchha company le. K garne hola chitto garna k lagi abbba..
My Understanding :
PERM is filed for Department of Labor (which is state operated office), while H1B is filled for USCIS office (which is Federal) . These are like Apple and Orange. These two can go simultaneously. But you have to have legal status maintained while filing for PERM.
You mentioned that your employer has everything ready for PERM. I am assuming that you have PWD (privilege wage determination) and advertising documents ready. If not, while your H1 decision is pending, ask your employer to file for PWD , which itself takes almost 1 month.
Then your employer have to do advertising/interviewing all those carps. It takes 2 month for that. For PWD and advertising, they need nothing from you. Non of your personal information is required.
Thank you @uhi_kya,
yo PWD apply garda wage chahi full time k hunuparne ho? Mero case ma ta kaam full time gare pani payment 60% matrai chha, yesle garda PWD ma kehi asaar garne po ho ki?
Kehi sujab?
dhiyan dinue parne kura --
GC through employment is for future employment/position, but in all most all cases, petitioner is always working with the petition company.
So in that regards,
If you are already making enough, that is equal or more than as determined by PWD, then you have no issues.
But even if you are making less now it doesn't matter as long as company is willing to pay the equal or more when you have GC. This amount is listed in your application.
Now the burden to prove that company has sufficient business/fund to pay the petitioner comes into 2nd step of application I-140.
Hope this helps
Business the good funding ma chha, the thing is that they are paying less than the standard wage of full time that is there in the occupational book of the city. Aba $ ko kura ho ahile talab nabadaikina PWD apply garda match bhayena bhane k garne? Talab pahila badhauna yo sabai natak gardai chha H1 extension ko approval date samma kurna which might take still 2-3 months time. Talab thorai bhaye pani PWD and advertising on papers suru garna lagauda hunchha hola? Feri sujab ko request ...
Sajha mitra haru,
Dherai dherai dhanybaad, I finally received my extension of H1 visa for 2nd time. Aba lawyer le bhane jastai GC process ko lagi suru garnu parne chha, tara one more Q is wandering in my mind. yo hafta tira process garda I-140 approval ko time kati lagla ? After May26 Mero dependant ko pani form I-765 apply garna milchha ki mildaina?
Applying for i 140 is still way far from now. Provided your lawyer starts the processing from this week, here is the breakdown.
2 month for PWD, 2 months for advertisement, 5 months for PERM processing....
So only after a minimum of 9 months from now, u can go for i140 n i485 n i765 application. Premium pricessing of i140 will give you decision in 2 weeks after applying. You can apply for you dependent i485 and i 765 along with yours the same time you apply for i140.
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