Posted by: vampire_suck September 24, 2018
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@16andcounting
Please see the Answers -->
My questions:
1) Provided app is filed on October 15(there is a lot of red tape in bigger companies & hence that delay), is PERM filing possible by Jan 15 or somewhere close
Answers -->Regular circumstances Company won't be able to submit application for a PERM in the short amount of time that you mentioned unless they have been processing a case for someone and you are the one to replace someone in the process. Else, if a process has to start now then it takes at least 6 months to draft the PERM and give minimum of 3 months to get the result after submission (all are happy path scenarios).
2) If PERM is approved before Jun 24, and if I file I-140, I-485 and EAD concurrently, I can stay in the US haina..? Although I still have to wait for EAD to resume work, correct…
Answers --> Yes. You are spot on this one.
3) If PERM takes longer than Jun 24, what are the consequences. Can I apply I-140, I-485 and EAD outside of US
Answers --> This is the most likely scenario you are going to fall under. You should prepare for this one. Company could still process your green card outside of the country and you have to go for consular visa processing outside the country whenever everything is ready for you. I would put this one as the last resort. If company is willing to do this means they are ready to hold you at any cost so you are in a better situations than you thought. However; In my opinion if you don't want to leave the country in this scenario then you should try to change your visa status to either F1 or any other visa category so that you could stay inside the country until you wait for your AOS-EAD from step 2. You better note down all of the possible scenarios you know and discuss with personnel or company attorney to find out the best possible steps you need to follow based on the current circumstances. Good Luck!
Please see the Answers -->
My questions:
1) Provided app is filed on October 15(there is a lot of red tape in bigger companies & hence that delay), is PERM filing possible by Jan 15 or somewhere close
Answers -->Regular circumstances Company won't be able to submit application for a PERM in the short amount of time that you mentioned unless they have been processing a case for someone and you are the one to replace someone in the process. Else, if a process has to start now then it takes at least 6 months to draft the PERM and give minimum of 3 months to get the result after submission (all are happy path scenarios).
2) If PERM is approved before Jun 24, and if I file I-140, I-485 and EAD concurrently, I can stay in the US haina..? Although I still have to wait for EAD to resume work, correct…
Answers --> Yes. You are spot on this one.
3) If PERM takes longer than Jun 24, what are the consequences. Can I apply I-140, I-485 and EAD outside of US
Answers --> This is the most likely scenario you are going to fall under. You should prepare for this one. Company could still process your green card outside of the country and you have to go for consular visa processing outside the country whenever everything is ready for you. I would put this one as the last resort. If company is willing to do this means they are ready to hold you at any cost so you are in a better situations than you thought. However; In my opinion if you don't want to leave the country in this scenario then you should try to change your visa status to either F1 or any other visa category so that you could stay inside the country until you wait for your AOS-EAD from step 2. You better note down all of the possible scenarios you know and discuss with personnel or company attorney to find out the best possible steps you need to follow based on the current circumstances. Good Luck!