Hello,I am from India and in the 8th year of H1B visa. Filed an EB3 case through my previous employer (PD - 2006). I filed my I-485 in Aug, 2007 and am waiting. I got an EAD approved which I keep renewing as backup.Meanwhile, I changed employers and they have agreed to file a new EB2 case for me. I am not sure that the current employer is playing fair - my PERM got rejected the first time and upon refiling for a new job title, after about 5 months, I was told that they received an RFE. They say they have responded to the RFE but I do not get to see any documents and have to go by their word. it has been a year and the PERM has not been cleared.I need advise on the following:1. What information am I entitled to with the PERM? How can I make sure that the paperwork has been filed properly? What are the means to get this information from my employer.2. How does this affect the earlier EB3 case that was filed by my previous employer? I'm planning to renew the EAD which expires in Dec 2012.3. Can I change my company again and start over? Will this affect any future H1B extensions?4. Would you be willing to take on my GC case if my employer permits me to use my own attorney?Thanks.
State/Country relating to question: Virginia
Hello,my name is Judith. Thank you for this opportunity to answer your questions.1. What information am I entitled to with the PERM? How can I make sure that the paperwork has been filed properly? What are the means to get this information from my employer.You are not entitled to anything from the employer. The PERM is their application and as such belongs to them and they do not have to share any information with you.2. How does this affect the earlier EB3 case that was filed by my previous employer? I'm planning to renew the EAD which expires in Dec 2012.No, ithas not effect on your prior I-140 with the previous employer and you can continue to renew your EAD.3. Can I change my company again and start over? Will this affect any future H1B extensions?Yes, you can move on.4. Would you be willing to take on my GC case if my employer permits me to use my own attorney?It is a violation of JA rules for experts to have direct contact with you. You can find very good lawyers in VA at www.ailalawyer.com. You want to select an employment/business category from the drop down menu.Judith
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Kindly provide the following clarifications to your response:
They had me sign some document in the PERM application - I did not get to look at the rest. I understand like you said, the PERM belongs to the employer but because I signed some form, is there a way for me to check what was filed on my behalf?I have no incentive to tell you a lie. There is no law or provision that gives you any right of access to PERM filing or even to an I-140!I do have 33 years experience and give this answer based on my professional experience.For #2. You said it has no effect on the previous application - but I was told they will port the priority date which will cause the new application to replace and cancel the earlier EB3 application. Kindly help calrify.They do not "port" the priority date they "retain" it and just because they retain it for the new I-140 it has no effect of the previously approved petition. It is not withdrawn or revoked because they use that priority date.For #3. To address the second part of the question, if I change employer again, will I get another H1B extension when this one expires after the 9th year? If yes, will it be based on the I-140 from my first case then?Yes, it is based on the existing approved I-140 and you will get it for 3 years.Judith
Thank you. One final follow-up - for future H1B extensions, do I need to be in the same job title/category as the one for my EB3 case? Or can I get more extensions for the EB3 case regardless of my next job (its still in IT).
You can have any job title or job duty to use the EB3 to extend any job.Judith
33 yrs attorney on all nonimmigrant & immigrant visas
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