PERM and green card questions
Last year I finally convinced my employer to do PERM for me.
So, they did the recruitment phase and nobody applied. They haven't filed the application for PERM yet though. It will probably be done this month.
I know after that is 6-8 month wait for the PERM approval.
My question is,
1. What to do after PERM is approved? Employer said I am on my own after that so has anyone done the rest of the steps by hiring their own lawyer?
2. Can I get my green card before Christmas? I want to visit Nepal during Christmas break.
3. I applied for TPS so I have my biometrics done. Will they ask for it again? I will do priority processing and can I skip the biometrics?
Thanks.
"Employer said I am on my own after that so has anyone done the rest of the steps by hiring their own lawyer?"
your employer is either ignorant or plain stupid. After PERM comes the main phase of green card - I-140 processing where your employer needs to prove that the company can pay you the prevailing wage mentioned in the PERM and USCIS will examine if you have experience/education mentioned in the PERM. I-140 is basically your employer's paperwork and you need to provide your education transcripts and prior experience letters (if any).
You can do concurrent filing of I-140 and I-1485 and you can do I-140 in premium. So, if there is no RFE, you will get GC within 6-7 months after PERM approval.
and you will have to appear again for your green card biometrics.
What about premium processing of I-140? They say they will approve it within 15 days.
Can I file it concurrently with I-485?
I can get green card within two months of an approved I-140 right? The websites are not clear about what happens after I-140 and I-485 are approved.
Form I-140 Premium processing can be done along with I-485 concurrent filing. that way you can get I-140 decision within 15 days. Current I-485 processing time for Texas Service Center is 8 month and for Nebraska center is probably 3/4 month. Don't worry about those stuff before perm approval coz that's the frustrating part of the whole process. You can travel out of State once you have approved AP, which you'll get way before getting GC. All the Best.
Agreed with Land_of_gorkhali that PERM is the most frustrating part. The chance of getting audited is 50%. I think once you get into audit, it will take at least 18 months for your PERM approval/denial. By the way, are you filing in eb2 category or eb3? There isn't much difference between two now (just matter of few months) though. Once your I-140 is approved, thats almost like green card unless you have criminal background, and status problem. During I-485. they just do your background check, verify if you are continuously maintaining your status, etc. While you do concurrent filing of I-140 and I-485, you can apply for AP and EAD so you can travel out of country without any issue.
Thank you madan and gorkhali.
I'm hoping for no audit on PERM.
I don't have H1B and I'm on TPS and F1 OPT so I won't have status if I have to wait for audit.
I can do AP on TPS though and travel to Nepal for holidays but if TPS is not renewed it will be one way.
TPS expires December and I hope I can have EAD on filing of I-140 and I-485 before that.
Moose, let me bring you to reality..It seems you have not yet filed the labor certification (PERM)..Its almost mid march...Add at least 6 to 7 months...Thats october...After your perm is approved (if no audit), it takes at least a month to file your I-485 and I-140 since there are some specific processes that you cannot ignore such as medical, gleaning other documents etc etc....Thats November there....So, now if you do your premium processing etc etc...I do not think you can make it to Christmas this December by this path...dont have idea if you can make it through TPS....Good Luck...
Thanks college football.
Lot of known unknowns.
- I have TPS but will only know in June/July about renewal for next year.
- TPS is still pending and don't know when they will all be approved. I need 3 more months after that for AP.
- I was hoping for EAD after jointly filing I-140 and I-485 before I go to Nepal for Christmas using the TPS AP.
- Of course, audit. Since my application is masters with no experience, there is a huge chance of an audit.
- Lawyers also said I'll have to file for H1B. There is also another unknown into the equation.
I will have my doctor's exams and documents together so I can file I-140 and I-485 as soon as possible. Of course, the delay will be the company since they have to give a lot of documents also.
HI Guys,
My employer recently started my GC process. The lawyer is saying they have sent the documents to Immigration for PWD ( Prevailing Wage determination) and it will take up to 3 months to get the response. Is it true that it will take that long? After PWD, they will start recruitment.
Thanks,
-Pokhreli kancha
Hey Pokhreli.
It is true.
You can check processing time at this website.
https://icert.doleta.gov/
Look for the "PERM & PW Processing Time".
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