Am I running out of time?

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Joshm73
Posts: 3
Joined: Sat Jan 13, 2007 1:47 pm
Location: San Francisco

Am I running out of time?

Post by Joshm73 » Fri Mar 19, 2010 2:55 pm

Hi - I am hoping some knowledgeable folks can help me understand my situation better:


- I am Canadian
- I have been in the US almost 5 years. I started out on an L1B and am now on an H1B that expires July 2011
- My employer is pursuing a Green Card for me. I am on my second attempt with Labor Certification. The first time my case was audited and we were told that the Dept of Labor did not think that the job posting was done with an appropriate headline. My Labor Certification was re-filed April 1, 2009. I have not yet heard anything back.
- My current job does not require a Masters. I could be promoted into a job that requires a Masters degree this year. I have an MBA.

My questions are:
1. Should I be worried that I have not yet heard anything back on the Labor Certification from last year?
2. What if this Labor Certification is also un-successful? Do I still have options for remaining in the US past July 2011?
3. Even if this Labor Certification process succeeds, are there other obstacles to my staying in the US?

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Fri Mar 19, 2010 3:45 pm

1. Yes. PERM should not take this long.
2. You need to get a valid viable PERM started 1 year before your H1 clocjk expires. Then you would be allowed as many H1 renewals as needed until you get GC.
3. Keeping your job for the 8-10 years it would take to get GC.


I would secure a valid PERM and apply for I-140 before trying to change the category of employment(Ie from EB3 to EB2 for masters). You need to get an I-140 filed if you have any hope of ever getting GC.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Joshm73
Posts: 3
Joined: Sat Jan 13, 2007 1:47 pm
Location: San Francisco

Post by Joshm73 » Fri Mar 19, 2010 11:07 pm

Thanks so much for the speedy response!

Greatly appreciated.

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