I-140 Employer's Application for Immigrant Visa and Proof of Ability to Pay: Once a PERM application is certified (approved) by DOL the employer must file an I-140 Immigrant Worker Petition with the USCIS within six months of the approval date of the PERM application. As an example, for two employees whose countries of origin are India and Ghana, respectively, who perform work in the same advanced position, the Indian national will need to wait seven to nine years for green card issuance as compared to the employee born in Ghana, who will be eligible to move forward with a green card application immediately once the PERM application is certified. Does the old PERM/I-140 become invalid because of role change? The sponsored employee must complete this step for themselves; the employer cannot file on behalf of the employee. The period for filing the H-1B cap-subject petition will be at least 90 days, through June 30, 2023. Your employer may or may not submit the case on the same day to DOl for approval. H-1B Promotion in 2023 | Will This Impact My Green Card & I-140 New or Amended H1B Petitions After Material Change .paragraph--type--html-table .ts-cell-content {max-width: 100%;} COMPLETE guide to the EB3 Visa in the U.S. [2022] - Stilt Blog For most clients, naturalization is the next step following obtaining a green card that allows them to live and work in the U.S. The third part of the DOL process is the test of the labor market with recruitment. If you are eligible, your employer must file an I-129 petition on your behalf and enter it into the annual H-1B lottery (unless, of course, your petition is cap-exempt). Promotion after PERM approval My PERM was approved a few months ago. check out the. Does he have to remain in the same title for the whole GC process? If the employer comprehends this key consideration, the business will be better positioned to save time and money and manage the expectations of foreign national employees. Now the time has come, I am being offered to take "Senior Manager" position to manage the same QA team, I work for. Is this correct? PWD and PERM approval is required for H1B (EB2, EB3) and L work visas applicants based on their ETA Form 9089 filing with DOL. 2) Can the new PERM be filed under EB1 as the position is for manager? The lawyers are just trying to file another PERM/I-140 for you. Can I file I-485 with the original PERM/I-140 (which is for engineer position)? It is currently taking approximately 7 months to file a PERM application (assuming able, willing, qualified, and available U.S. workers are not found for the job opportunity). Once the DOL certifies a PERM an employer can file an I-140 visa petition with the USCIS. If there are minimally qualified U.S. workers who would accept the position if it were offered to them, the PERM process cannot be continued. This is a grey area of PERM compliance, but employers may be on more solid footing if they refrain from changing important details of the position throughout the PERM filing process. We have talked about not changing the title but still taking on the managing role. #3 I-140 is approved and NOT revoked by Employer A blog and community calls on immigration.com. If there is a change in the name of your employer. The second part of the DOL process follows the identification of the minimum requirements above. If this is the case, you will need to file an H-1B amendment to your petition. Promotion After I-140 Approval If you get a promotion that makes a material change to your H-1B position, it may be best to bring it to your immigration attorney to decide if a new Form I-140 should be filed for your green card. If the person can be promoted in the same job, should promotion wait until after I-140 is applied to avoid RFEs? Ans. Current PERM Processing Time 2023 (Check Case Status) - USA - AM22Tech The law firm is suggesting different approach.They are asking my department to open up a NEW "Senior Manager" position and have me apply for it. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} You can apply for an H1B 7th-year extension if your approved PERM was filed more than 365 days ago on the last day of the H1B 6th year.As a solution to this problem, attorneys suggest to re-capture vacation time spent outside the USA and extending your 6th year-end date. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. this is just a level up, no responsibility changes, so I guess I am good. Although, we cannot guarantee a filing will not be audited. | Bo changes allowed as per the law. It depends on USCIS discretion. Your employer can contact DOL Helpdesk for a status on the application atplc.atlanta@dol.gov. But any substantial change would require starting all over again. [CDATA[/* >