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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108329
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a quick question. I am currently on my second term

Customer Question

hi Pearl I have a quick question. I am currently on my second term with H1B visa
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: and my new H1B visa is expected to expire around 2019 Oct am working at Qualcomm where my PERM application is currently on-going i.e PERM recruitement is ongoing.. prevailing wage determination has been completed.. so they are expecting to file for PERM on Nov 3rd and i should receive my PERM approval by Nov 2017 worst case right?
JA: Have you talked to a lawyer yet?
Customer: not yet.. but I have a question
JA: Anything else you want the lawyer to know before I connect you?
Customer: i am planning to move to Bloomberg in Novemeber and they are promising to start my PERM application process on Day 1 say by December.. so am wondering if I can quit my current PERM application process at Qualcomm and make the move to Bloomberg and let them initiate my PERM process?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Let me verify. You want to know if you can withdraw the Qualcomm PERM and start a new PERM with Bloomberg without any issues due to the withdrawal?

Customer: replied 8 months ago.
not just that.
I want to know if bloomberg could start PERM on day 1 of joining as they had promised and if I will have enough time before I receive my PERM approval and I140 before 2018-2019?
Customer: replied 8 months ago.
are there chances Bloomberg might revoke my i-140 and priority date once received if I were to move to another company after I receive the I140?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

They can even start it before your 1st day. A PERM is used for future employment and is not connected to your H-1B status. So they can start the PERM now if they like. Obviously, the faster they start it, the better chance you have of having it approved quickly to be able to file an I-140 and get that approved so that you can get an H-1B extension beyond 6 years. As far as withdrawal of an I-140, any company has that right because it is there's and they generally don't like spending money on someone that then decides to move on. However, if the I-140 is withdrawn, a new employer can still use your original Priority Date from a previous GC process that had an approved I-140.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 8 months ago.
Okay sound good. Also, I read somewhere about a 180 day period of stay within that company once you receive your I-140 beyond which the company wont withdraw your i-140? Is that true?
Also, what according to you are the typical or worst case processing times from PERM initiation (starting with prevailing wage) to I140 approval? Roughly 2 years or more than that?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

No. That is a proposed regulation that has not been implemented yet. The current rule is that if an I-485 has been pending for 180 days or more, you can port to a new employer in the same or similar job without having to start the GC process all over again. The proposed regulation would allow that to happen if an I-140 was pending 180 days. It has not been implemented yet to my knowledge. So keep your eyes and ears open to see if they eventually implement it.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 8 months ago.
Also, what according to you are the typical or worst case processing times from PERM initiation (starting with prevailing wage) to I140 approval? Roughly 2 years or more than that?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

That's tough to say. Ideally the PERM should be approved within 6 to 12 months or so, but if a PERM is audited, it can take much longer. Again, it's hard to say. You just have to hope that it gets approved quickly. Then as soon as it is approved, the I-140 should be filed quickly and done in Premium Processing.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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