Current PERM Processing Time 2020 – PWD, Audit Case

PERM processing time is 4 months. PWD approval takes 90 days. PERM auditing for 30% cases. Supervised recruitment to find fraud taking 7 month for approval.

Updated  4 Apr, 20 #USCIS processing time
253        

Fastest PERM processing time is 45 days. Average PERM processing time is 3 months. PWD approval is taking 3 months.

Permanent Labor Certification auditing is done for 30% of cases by requesting job advertisement and employer documents. US department of labor (DOL) also conducts supervised recruitment to find fraud. Audit cases are taking 6 months for approval.

PERM Processing Time05 Apr

Fastest PERM ApprovalA-19287-*****
am22tech.com
5 month 23 days
Time Taken
03 Apr, 20
Approval Date
14 Oct, 19
Receipt Date

Fastest PWD
4 month 22 days
Receipt:14 Nov, 19
Fastest PERM Audit
9 month 26 days
Receipt:13 Jun, 19
Fastest PERM Reconsider
3 month 23 days
Receipt:13 Dec, 19

Total Max Out Time
Job Ads + PWD + PERM + i140
Fastest - premium i1401 year 1 month
Job Ads
PWD
PERM
i140

Average - regular i1401 year 4 month
Job Ads
PWD
PERM
i140

Check PERM Status Online
A-
-
Please write correct digits from your receipt number.

Status
Status Date
Status
Expect Approval On or Before DateBETA

PERM Checker
Your PERM case compared with others around you

PERM Approvals
NumberReceiptStatus
Pending  Approved  RFE,   Denied  Your case  Verified Status 


PERM is first step in US green card process. PWD and PERM approval are required for H1B (EB2, EB3) and L work visas applicants based on their ETA Form 9089 filing with DOL.

USCIS does not process PERM.

Check PERM Case Status Online

PERM Checker: Use your PERM ETA case number to check your PERM approval status online above. The PERM case number starts with the letter ‘A’ which means your case is at PERM processing center in Atlanta.

The A number has the year and day of the year embedded in it. The number is assigned to your PERM case when your employer or attorney creates the case in online DOL system for the first time. Your employer may or may not submit the case on same day to DOl for approval.

PERM Analyst review means that your case is worked on by DOL Analyst.

ETA Case Number format is A-NNNNN-NNNNN with 10 digits and the Alien number (also called A number) under beneficiary section on I-140 Approval Notice is A-NNN-NNN-NNN with 9 digits. Note that both numbers are different and have different purpose.

PERM Application Status Meaning

# CERTIFIED

PERM certified status means it has been approved and is valid for 180 days from the date of approval.

# CERTIFIED EXPIRED

PERM certified expired means that PERM was approved but was not used within 6 months to file i140 with USCIS.

This PERM has expired and a new PERM should be filed to get a new Green card priority date. It is possible to request the same priority date from old expired PERM but USCIS may or may not port the date. It depends on USCIS discretion.

Many people have also reported that their i140 was approved after PERM but the status still shows as ‘Certified Expired’ on DOL website and in above case status check. There is no need to worry as it is possible that DOL database is not updated and is showing wrong information.

# WITHDRAWN

PERM application was withdrawn by employer.

# DENIED

PERM application was denied by DOL.

PERM Green Card Priority Date

Your US Green card priority date is the date when you file your PERM application with DOL and not the date when the case was created online.

#1 Employment Based

If your GC needs PERM labor certification, the priority date is the date on which the DOL receives ETA Form 9089 (PERM application form).

If your GC does not need labor certification like EB1 and NIW cases, the priority date is the date of filing form I-140, I-526 or I-360.

#2 Family Based Green Cards

The GC priority date is the date U.S. Citizenship and Immigration Services (USCIS) receives the Form I-130 petition.

H1B 7th year extension with pending PERM

How long does PERM approval process can take in not in your hand but you can file H1B 7th year extension (after completing 6 year quota) if your PERM has been pending for more than 365 days including audit time.

Experience letter for PERM – Skill Letter

Use PERM experience letter sample to get skills listed on old employer’s letter head as an employment verification. This may be needed to prove your skills for the job description that is relevant for your PERM application, if your case is selected for PERM Auditing. The letter also explains how to write job description for PERM.

Normally, 30% of PERM applications are selected randomly for Audit.

PERM in H1B 6th year – Can H1B be extended?

You cannot apply for H1B 7th year extension unless your PERM gets approved before your 6th year ends if you apply PERM during 6th year. PERM has to be either approved or pending (waiting) for more than 365 days on the last day of H1B 6th year.

As a solution to this problem, attorney’s suggest to re-capture vacation time spent outside USA and extend your 6th year end date.

PERM Premium Processing

There is no premium processing available for PERM application. i140 application has premium and can be used to speed up filing 7th year H1B extension if you are near your max out time.

PERM Approval Delayed

Your employer can contact DOL Helpdesk for a status on the application at plc.atlanta@dol.gov. You cannot call DOL for your PERM status check.


USA
     



Recent discussion on forum

  1. vandu15
    vandu15

    Hi Pravin

    Any Change in your Perm Approval Status?


  2. pravin.nerkar
    pravin.nerkar

    No . it’s same status . No change in the status.


  3. dhananjaybhandari
    dhananjaybhandari

    Hi @Anil.Gupta,

    My employer has filed my PERM and it’s been 70 days almost. I do have file number. When I check on your site with that number it shows me ‘Pending’. Any idea how much more time would it take to get decision ? And also how much time after that would it take to get my I-140 approved if I do it in premium? I have my H1B visa valid till Nov 2020 so getting lil worried. Please help with this.

    Thank you !
    Dhananjay


  4. vandu15
    vandu15

    Any update on your Perm Status?


  5. carlitos4y20
    carlitos4y20

    Hi. I received my PERM certified today. My employer filed on October 17, 2019


Comments are closed. Ask question on Forum (we answer in 1-24 hour)

77 more replies

Comments are closed. Have a question? Ask in forum

  253 Useful Questions & Answers

  1. Rishi
    Rishi 7 May, 19 at 6:22 am

    Hi Anil

    My employer has filed my perm in FEB and I moved out of country before the perm process started and before my 6 year H1B max out date. I am currently working with the same employers Canadian branch.

    When I was going through the other approved PERMs in DOL website, I noticed that for people who are out of country the field ‘is the person currently employed with petitioning employer’ (J. 23) marked as ‘NO’ where as in the ETA 9089 form I signed before submitting the PERM it is mentioned as YES.

    Even though it is the same company I am part of its subsidiary in another country. Will it create an issue, is it possible for my attorney to update the same?


    • Anil Gupta
      Anil Gupta 7 May, 19 at 6:23 am

      This should be fine as per my information. No need to change.


      • Rishi
        Rishi 7 May, 19 at 7:10 am

        Thanks Anil


  2. Mudduluru
    Mudduluru 6 May, 19 at 1:54 pm

    Hi,
    My PD is Aug 8 2017.My perm got audit on jan 4th 2019 and my max out is on jun 13th 2019.When can i expect decision on my perm.Weather i am eligible to apply for 7th year extension because my perm was applied on Aug 8th 2017.Please help me on this.


  3. aryan
    aryan 6 May, 19 at 9:43 am

    hi my employer filed py pwd but we found that the naics code was wrong on the application do we have to file the new one or we can update old one . can we go without correcting the naics code ??


    • Anil Gupta
      Anil Gupta 6 May, 19 at 10:07 am

      You should talk to your employer and your attorney on how to fix the mistake.


  4. Kalicharan
    Kalicharan 4 May, 19 at 12:55 pm

    I have applied for Labor on Feb 13th, with this processing estimates, when can i expect the approval received.


  5. Scott
    Scott 3 May, 19 at 4:18 pm

    These dates can’t be correct. That is a huge jump forward


    • Anil Gupta
      Anil Gupta 3 May, 19 at 4:28 pm

      Dates are correct. DOL has reported a reduction in processing time today.


      • Hristo Yankov
        Hristo Yankov 6 May, 19 at 11:24 am

        That’s great news. Any link to that report, I can’t seem to find it?


        • Anil Gupta
          Anil Gupta 6 May, 19 at 11:44 am

          The DOL link is given above.


  6. San
    San 3 May, 19 at 2:01 pm

    Anil,

    Sorry if am asking this irrelevant. Today morning I saw PERM Processing date was Jan 19 (3 months 19 days) and now Feb 10 (2 month 13 days) – is this correct?

    I will be happy, if the trend continues…

    Thanks,
    San


    • Anil Gupta
      Anil Gupta 3 May, 19 at 4:28 pm

      Dates have changed. I verified after your comment and they are all good.

      DOL has updated their data today. Our site immediately picks up the changes as and when it finds changes online.


  7. Samuel Prasad
    Samuel Prasad 3 May, 19 at 9:09 am

    Hi Anil, My perm got certified but when I checked in ICERT about my details I found my year of completion is wrongly mentioned in the PERM application and same approved, does it have any serious issue while applying I140? or does it refile PERM and resolve the issue later apply for I140?


    • Anil Gupta
      Anil Gupta 3 May, 19 at 9:09 am

      I suggest to get the information fixed on your PERM if it is wrong.


      • Samuel Prasad
        Samuel Prasad 3 May, 19 at 9:21 am

        does fix means refile or amendment? if without refile how long does it take to fix the issue?


        • Anil Gupta
          Anil Gupta 3 May, 19 at 10:30 am

          Check with your employer on how to file for fixing the problem. They can contact DOL to get it fixed if it is DOL mistake.


  8. Liam
    Liam 2 May, 19 at 1:53 pm

    Feeling the DOL Status Request Date haven’t moved at all for a couple of months now. Is it right to assume the wait time will be around 5-6 months rather than 2-3 months like late last year?


    • Anil Gupta
      Anil Gupta 2 May, 19 at 4:42 pm

      I think dates have moved.


  9. Kris
    Kris 2 May, 19 at 11:45 am

    Hi
    My pwd was filed on 24 Jan. My h1b max out is in Aug’ 19

    My attorney says I can leave US with few days left in h1b max out . They will continue to process my perm and i140
    I can travel back after getting h1b extension approved with I 140.

    My question is can we file and process I 140 while I’m in India ? Also just 10 days left in max out will it be sufficient?

    Thanks much for your response!


  10. J
    J 2 May, 19 at 10:35 am

    pwd filed 1/16/19, pwd received 5/1/19


    • Anil Gupta
      Anil Gupta 2 May, 19 at 11:45 am

      Thanks for sharing your case update. I appreciate it.


  11. Jasleen Sawhney
    Jasleen Sawhney 2 May, 19 at 9:08 am

    Hi Anil,

    How is PERM Reconsideration date moving backwards? I have seen it to go from Jan 16 -> 14 -> 12 -> 11 today.


    • Anil Gupta
      Anil Gupta 2 May, 19 at 9:19 am

      Most of the time the bad reported cases are deleted. but, we will still check to see if there is an issue in our service or not.

      Thanks for reporting.


  12. Sarvesh Gupta
    Sarvesh Gupta 1 May, 19 at 8:27 pm

    Hi,
    My perm was filed on Apr 5, 2019 and My maxout is Sep 26 2019.DO you think I can get I140 within this time period.Based on stats it looks like Perm is getting approved in 3 months.


    • Anil Gupta
      Anil Gupta 1 May, 19 at 8:34 pm

      You are running on the edge. You may be able to touch the finish line just in time.


      • Sarvesh Gupta
        Sarvesh Gupta 16 May, 19 at 2:49 pm

        Thanks Anil What option I have Incase I don’t get my I140 on time.Can I come back to US after It get’s approved.DO I need to leave at least a month before my H1B maxout to keep H1 unutilised to renter the us and get extension based on I140.


  13. San
    San 1 May, 19 at 2:05 pm

    Hi Anil,

    Am in 6th year of my H1B and it expires by Nov , 2019 (do not have any time to recapture). My employer filled my PWD on March 4, 2019. With the current tread, in a best case scenario – do you think i can get my I140 in Nov 2019.

    If not, can I leave the country for 2-3 months just to get some recaptured time? Also, during this period can i work remote from India for the same client (i work for a client thru my consultancy).

    Thanks much,
    San


    • Anil Gupta
      Anil Gupta 1 May, 19 at 3:21 pm

      You are on the edge. You may or may not be able to get i140 by Nov 2019.
      You should leave for 2-3 months if the PERM approval is delayed to get more time and push your H1B max out date.

      Once you leave USA, you are out of US immigration law scope. Then, you work remotely or not does not matter to US government. You have to follow the law of land that you are on at that time.


      • San
        San 1 May, 19 at 3:21 pm

        Thanks for clarifying.


  14. deepu kanna
    deepu kanna 1 May, 19 at 12:04 pm

    Hi Anil,

    I have recently joined an organization which would file the PWD in a week or 2. My max out date is end of October 2020. On this context, I have a few questions and would be great if you can answer them

    1) In order to get the 7th year extension, I believe that the Perm has to be filed at least before end of OCT 2019. Do you think the PWD and recruitment should run in parallel in order for us to meet that deadline ?

    2) Or Can I just go on a vacation if the PWD+recruitment cannot be completed before end of OCT 2019 ? This would actually push the max out date and make sure that we would still have more than 365 days including the recapture period after we have filed the PERM.

    3) Which of the above 2 options do you think is a better and trouble safe ?

    4) What is the current processing time for PWD and PERM ?

    5) Is there any chance of getting RFE kinda thing in PWD ? As per the LCA, my wage level is 4.


    • Anil Gupta
      Anil Gupta 1 May, 19 at 1:05 pm

      You have enough time to get your i140 approved for your 7th year extension. No need to worry.
      PWD and PERM timelines are mentioned above.


      • deepu kanna
        deepu kanna 1 May, 19 at 1:24 pm

        But in an unlikely scenario of getting an audit in the perm process, the I-140 might be delayed. So to be on a safer side, I want to have the perm filed before I have at least 365 days left on my H-1B.

        For example, if the Perm is filed in December 2019 which is after I entered the 6th year. Then can I go on a vacation for X number of days which would push my max out date to DEC 2020


  15. moulvv
    moulvv 30 Apr, 19 at 11:21 am

    Hi Anil, my company will start recruiting in May 1st and the attorney said it will take min. 2 months to complete the recruiting and fill PERM. Do you have any thought that I could get my priority date within Dec. 31st 2019 if I file I-140 with premium processing? Thanks!


    • Anil Gupta
      Anil Gupta 30 Apr, 19 at 5:28 pm

      You should be able to make it by Dec 2019.


      • moulvv
        moulvv 1 May, 19 at 7:44 am

        Thank you!


  16. Alagappan
    Alagappan 29 Apr, 19 at 10:21 am

    why the wage approval receipt date going back and forth ?


    • Anil Gupta
      Anil Gupta 29 Apr, 19 at 11:17 am

      The data is user driven and sometimes users give wrong information and then our service deletes that record.


  17. Alagappan
    Alagappan 28 Apr, 19 at 8:09 pm

    I140 has to be approved right to file extension for 7th year .? If PERM was approved few months before max out or just PERM approval is enough to file 7th yr extension ?


      • Sumit P
        Sumit P 30 Apr, 19 at 12:30 pm

        Hi Anil – Do we know what’s going on with Nabraska Center? Multinational executive or manager (E13) – Category processing is getting delayed compare to Texas center.


        • Anil Gupta
          Anil Gupta 30 Apr, 19 at 5:28 pm

          I don’t know why one center is faster than other. USCIS does not share their internal details.


  18. mike
    mike 28 Apr, 19 at 7:08 am

    would you mind to tell me the waiting time of perm case and is there any fees to file the perm???


    • Anil Gupta
      Anil Gupta 28 Apr, 19 at 9:02 am

      Did you see the waiting times given above? What else do you want to know?

      Your employer has to file PERM.


  19. Alagappan
    Alagappan 24 Apr, 19 at 2:51 pm

    my pwd was filed on 18th jan , i do see best case approval as 19th jan 19 .. so i can expect the approval soon ..?


    • Anil Gupta
      Anil Gupta 24 Apr, 19 at 5:01 pm

      Best cases are generally the 10% of total pending cases.


  20. Bharat
    Bharat 23 Apr, 19 at 4:10 pm

    Is “Raise SR” means supervised recruitment?


    • Anil Gupta
      Anil Gupta 23 Apr, 19 at 4:10 pm

      No. Raise SR means Raise Service Request with USCIS.


      • Bharat
        Bharat 23 Apr, 19 at 4:10 pm

        Thanks Anil


  21. Shravanthi
    Shravanthi 22 Apr, 19 at 12:33 am

    Hi anil,
    I’m waiting for the update of my pwd that was filed on jan 12th. I see that the dates in the Best case approved keeps changing. Why is is it so? I’m just concerned about the probability of my case being approved as per the dates published.


    • Anil Gupta
      Anil Gupta 22 Apr, 19 at 6:14 am

      The data is sourced from users when they share their case approval on various immigration forums.

      Our service deletes the record if it can’t verify if the case reported as approved has really been approved.


  22. alex
    alex 19 Apr, 19 at 6:12 pm

    hi sir,
    my pwd was filled in oct first week 2018 didnt get any update . my lawyer says there might have been some error while he filed for pwd so he have filed a new one . my question is even if there was errors why cant he follow up on old one ?or is there any possibility for this type of situation ??


    • Anil Gupta
      Anil Gupta 19 Apr, 19 at 7:18 pm

      I am not sure why is he not following up on the old PWD. I have a strong feeling that they may not have even applied.
      They can check the old application’s copy to know whether they made any mistake or not.


  23. Dave
    Dave 18 Apr, 19 at 11:55 am

    Hi Anil!

    Right now I have two things going on – H1B extension (package sent out to USCIS) and PERM process (PWD completed). When is the employer supposed to adjust my salary since both the processes had a prevailing wage determination which is different from my current salary.

    Really appreciate your time and effort to answer our questions 🙂


    • Anil Gupta
      Anil Gupta 18 Apr, 19 at 1:19 pm

      PERM is for future job. Your employer is only obligated to pay you what’s mentioned as salary in H1B application.


      • Dave
        Dave 18 Apr, 19 at 3:50 pm

        So can my employer switch my salary now or will they have to do that once i have my h1b extension approved?


        • Anil Gupta
          Anil Gupta 18 Apr, 19 at 4:14 pm

          I don’t understand what salary switch you are talking about.


          • Dave
            Dave 18 Apr, 19 at 5:38 pm

            Switch from my current to the one determined in the H1B LCA


            • Anil Gupta
              Anil Gupta 18 Apr, 19 at 6:00 pm

              Talk to your employer about your salary and its start date. I cannot say anything without any information about your salary data.


  24. Ranjan
    Ranjan 17 Apr, 19 at 3:24 pm

    Hi Anil,

    My H1B max out date is 12th June 2019 but I got i-797 approval up to September 28th 2019 and even got stamped visa up to same. My Perm processing is in progress and expecting the result by May end. I am planning to leave US by May 31st 2019 so that I still left with 13 days for max out. So my question is that once my i-140 gets approved by June/July end,is there any problem if I travel back to US before September 28 and file h1b extension in few days (within 13 days).


  25. Rupa
    Rupa 17 Apr, 19 at 5:43 am

    Hi Anil

    My perm was submitted on April 15,When should i expected approval.

    Thanks


    • Anil Gupta
      Anil Gupta 17 Apr, 19 at 7:42 am

      Please use the dates given above to estimate your PERM approval.


  26. nittin
    nittin 16 Apr, 19 at 9:20 am

    Perm Filed on 01/04/2019. Got approval 04/15.


    • Anil Gupta
      Anil Gupta 16 Apr, 19 at 9:32 am

      Thanks for sharing.


  27. Dave
    Dave 15 Apr, 19 at 1:23 pm

    Hello Anil,
    1. My employer just filed for my h1b extension+ change of employer. The packet got mailed out today. Typically how long does it take to get a response from USCIS?
    2. Can employers advertise and file for PERM concurrently if PWD has been approved?


  28. KLB Protagonist
    KLB Protagonist 13 Apr, 19 at 11:49 am

    Hi Anil. My PERM was just certified on April 12, 2019. What is the usual time frame between getting the PERM certified and filing I-140 and I-485 concurrently? In other words, how long does it usually take before we can file those aforementioned documents?

    Thanks


    • Anil Gupta
      Anil Gupta 13 Apr, 19 at 1:41 pm

      The speed depends on your Employer and attorney.


      • KLB Protagonist
        KLB Protagonist 15 Apr, 19 at 8:08 am

        Do you have a best case/worst case scenario? I assume there is a wait for receiving the hard copy of the PERM. I have seen 7-21 days as the estimate here on this forum. In a perfect world, would a 21-day period be enough to put everything together to file the I-140 and I-485?

        Thanks


        • Anil Gupta
          Anil Gupta 15 Apr, 19 at 9:38 am

          Yes, 21 days are enough to create a i140 and i485 application package.


  29. YZhou
    YZhou 13 Apr, 19 at 8:26 am

    Hi Anil

    You are so right about timing, my PERM was certified on 4/12/2019x exactly the date you mentioned in another person’s post. Thank you so much


    • Anil Gupta
      Anil Gupta 13 Apr, 19 at 8:32 am

      You are welcome. Congratulations and thanks for sharing your case status.


      • Vijaya
        Vijaya 13 Apr, 19 at 11:40 am

        Hi Anil,
        Finally my Perm also Certified on 4/11.
        Thank you for your suggessions.


        • Anil Gupta
          Anil Gupta 13 Apr, 19 at 1:33 pm

          You are welcome and congratulations. Thanks for sharing your case status.


  30. Sridhar Adurthi
    Sridhar Adurthi 9 Apr, 19 at 2:51 pm

    Hi Anil,

    If my PERM application is in progress, then which of the above timelines will suit for me? I mean I am in which state? “PERM Analyst Review (Clean Cases) receipt date”?


    • Anil Gupta
      Anil Gupta 9 Apr, 19 at 4:52 pm

      Yes PERM analyst review category if your case has not received any request for Audit.


  31. Curious
    Curious 1 Apr, 19 at 3:54 pm

    hi, Sorry if asking in wrong forum, I have a question as to revocation of perm after 180 days, this 180 days start from which date, the priority date or the i140 approval date?


    • Anil Gupta
      Anil Gupta 1 Apr, 19 at 4:01 pm

      PERM is valid only for 180 days. It automatically expires.
      Why would anybody withdraw it?


      • Curious
        Curious 1 Apr, 19 at 4:07 pm

        Sorry I meant the revocation of i140, if you switch employer, then I guess its advisable to stay with the older company for 180 days atleast to retain the priority date, my question was regarding that. This 180 days start from which date. the priority date or the i140 approval date.


        • Anil Gupta
          Anil Gupta 2 Apr, 19 at 9:17 am

          180 days for i140 start from i140 approval date.


  32. Vikram
    Vikram 31 Mar, 19 at 8:26 am

    Hello,
    My 6 years H1b Maxout by Feb 27, 2020. My perm was entered in to the system on Feb 7th, 2019 (A-19038-XXXXX).
    My lawyer actually submitted the PERM on March 3, 2019 (3rd day of 6th year) and sent me an email saying that my PERM was filed.
    So I am little bit confused here.
    Could you please help me understand if my PERM is filed in 5th year or 6th year?
    Thank you in advance!


    • Anil Gupta
      Anil Gupta 31 Mar, 19 at 1:35 pm

      The date of submission should be counted.


  33. Sridhar Adurthi
    Sridhar Adurthi 25 Mar, 19 at 9:54 am

    Hi Anil,

    Is there any way to check when my PWD is filed? I am unable to get this info from my employer.


    • Anil Gupta
      Anil Gupta 25 Mar, 19 at 10:24 am

      Only your employer can share the information.


      • Sridhar Adurthi
        Sridhar Adurthi 25 Mar, 19 at 2:24 pm

        Hi Anil, thanks for swift reply. In iCERT website can we see inprogress or Recently filed PERM cases? I can see only certifified cases. Am I missing something ?


        • Anil Gupta
          Anil Gupta 25 Mar, 19 at 2:47 pm

          No, you are not missing anything.


  34. sridharmf
    sridharmf 25 Mar, 19 at 7:22 am

    Hi Anil, I have another 7.5 months left on my H1B to max by Nov 2019. Is it really good idea to change the job now and if i change any possibility to get Privalling wage and Perm approvals? Please suggest.


    • Anil Gupta
      Anil Gupta 25 Mar, 19 at 8:45 am

      You can’t get PWD and PERM approval in 7.5 months. I do not think it is a good idea to change at this time unless you already have an i140 approval which you can use to file h1b 7th year extension.


      • sridharmf
        sridharmf 25 Mar, 19 at 8:46 am

        Thx Anil for quick response. If i go out of country 1 or 2 months before max out, will that suffice to recapture vacation/unused portion time to get approvals? Will that still advisable?


        • Anil Gupta
          Anil Gupta 25 Mar, 19 at 9:53 am

          Your question about H1B recapture time has been added to our forum and answered there as it was out of scope of this article.

          You can ask follow up questions on forum iitself. We answer within 1-24 hours.


  35. Brandon
    Brandon 22 Mar, 19 at 11:44 am

    My PERM was on September 13 2018 and around the December 2018 my lawyer saw that the status of my application shown as “Timed out” but we havent recieved any email from the DOL. So they sent them an email. We havent heard anything from them so we were planning to reapply for the whole process (PWD, then PERM etc..) but then in the beginning of February 2019, my lawyer send me screen shot that my status is shown as “In Process” again. Since then I am waiting but it is still showing “In Process” . Has anyone had any similar case? Is this normal? What would you suggest? (and my H1B 6th year is ending in January 2020) I do appreciate for any help


    • Anil Gupta
      Anil Gupta 22 Mar, 19 at 11:58 am

      Sounds like a system issue on DOL side. Your application should be fine and will get result soon. Do not worry.


      • Brandon
        Brandon 22 Mar, 19 at 11:58 am

        Thanks for your super fast answer Anil. I do appreciate. Yes fingers crossed and waiting. I will updated the forum as well once hopefully it is approved


        • Anil Gupta
          Anil Gupta 22 Mar, 19 at 1:23 pm

          You are welcome.


  36. Sridhar Adurthi
    Sridhar Adurthi 19 Mar, 19 at 10:29 am

    Hi Anil, my employer is saying my PERM case is waiting for “Mandatory requirements” to be completed before filing. May I know what does it mean?


  37. Ashalina fazrudeen
    Ashalina fazrudeen 18 Mar, 19 at 8:52 pm

    I am completing 6 year max out by 15th April’2019 but still perm did not approved.
    Perm application filed on Dec’05 2018. My employer process my I140 and extension in premium.
    Is there any chance of getting I140 approved before ? if not, when should i leave country?


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 9:01 pm

      It is a good idea to leave US before 60 days of your H1B max out.
      You can expect your PERM approval by March 2019 end. You are pretty close and the time is less.


      • Ashalina fazrudeen
        Ashalina fazrudeen 18 Mar, 19 at 9:01 pm

        My attorney said there wont be any problem if stay till last day of max out. i am eligible to extend 3 yrs if i140 is approved. However i am planning to leave 1 week before expire. is that fine? or it would be problem.


        • Anil Gupta
          Anil Gupta 18 Mar, 19 at 9:10 pm

          There is no problem even if you leave on last day but the suggestion to leave 60 days before is for avoiding issues with future applications.
          Leaving 1 week before is also fine.


          • Ashalina fazrudeen
            Ashalina fazrudeen 18 Mar, 19 at 9:20 pm

            Can I apply I140(premium) and extension(regular) in parallel? Later upgrade extension to premium if I140 approved.

            is this help me to continue my stay if I140 approved before max out?


            • Anil Gupta
              Anil Gupta 18 Mar, 19 at 9:35 pm

              You can apply H1B 7th year extension only with approved i140.


  38. SATISH
    SATISH 18 Mar, 19 at 1:39 pm

    Hello Anil, Do we need hard copy of PERM to apply I 140 in premium process? thank you.


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 1:39 pm

      What do you mean by Hard copy?
      PERM approval copy is needed to file i140 and you should wait for it to be received from DOL.


  39. Cherry
    Cherry 14 Mar, 19 at 12:24 pm

    Hi Anil, Is there any site in which we can check the PERM case status based on the priority date ? since we don’t have the case number at this point of time.


    • Anil Gupta
      Anil Gupta 14 Mar, 19 at 6:47 pm

      You can try checking the status of your PERM above.
      Otherwise, your employer can check the status online on DOL website.


  40. Joay
    Joay 12 Mar, 19 at 9:38 pm

    Hi Anil, How many days it will take to receive the hard copy after perm is certified.


    • Anil Gupta
      Anil Gupta 12 Mar, 19 at 10:29 pm

      7-21 days to receive the PERM result copy.


  41. Anjali
    Anjali 12 Mar, 19 at 3:37 pm

    Hi Anil,

    Is there any time limit to file for I140 if Perm is certified . Thank you !


    • Anil Gupta
      Anil Gupta 12 Mar, 19 at 3:54 pm

      PERM approval is valid only for 180 days. Your employer will have to file i140 within this time.


  42. Tarun
    Tarun 3 Mar, 19 at 7:52 pm

    hi, My PD is 6th Nov, uptill now there is nothing from my our employer attorney. I am checking some other sites and it looks like some people have got receipt after my date too, my question is if there is some order in which application is picked or its random and I am one on the unlucky one?


    • Anil Gupta
      Anil Gupta 3 Mar, 19 at 8:00 pm

      Applications are processed in the order in which they are received. But, sometimes some applications may take more time as the case officer may be taking time to verify some of the paperwork.

      It is normal. No need to worry. You will get approval soon.


  43. kee
    kee 3 Mar, 19 at 2:13 pm

    Hello,

    Any suggestion is appreciated.

    My PERM application was submitted on October 12th.

    The PERM was Denied on the grounds saying my company did not respond to the questionnaire and there was no audit issued. My company on the other hand said they did reply to the the questionnaire and it might be a glitch on DOL’s side.

    I am confused. Attorney says re-appealing takes 4 years. And the only option is to re-apply for the application again.

    Is there anyone here who has applied for a “motion to reconsider” or ” reconsideration”? If so, what was the process and wait time?


    • Anil Gupta
      Anil Gupta 3 Mar, 19 at 2:34 pm

      Motion to reconsider is a long and painful process.
      Your attorney is right and the better option os to apply a new PERM application.


  44. Subhash
    Subhash 28 Feb, 19 at 2:06 pm

    Hi Anil,

    My PERM case has been certified and waiting for approval copy. my i 797 is expiring on 10th Apr but I-94 is valid till 20th Apr. I will be filling I-140 and will have to wait for approval. My question to you is are we supposed to file extension before I-797 expiry date or I-94 date? Can you please confirm.

    Thanks


    • Anil Gupta
      Anil Gupta 28 Feb, 19 at 4:41 pm

      You can file H1b extension before i94 expiry date and you should be good.


      • Kumar
        Kumar 28 Feb, 19 at 5:34 pm

        I was in same situation and my attorney told I 797 date is the date that governs H1B visa. Which means he has to file H1B by 10th April.


        • Anil Gupta
          Anil Gupta 28 Feb, 19 at 6:35 pm

          Thanks for sharing. I appreciate it.


  45. Perm Status
    Perm Status 28 Feb, 19 at 8:11 am

    In icert portal, if the PERM Case number is mentioned as Approved / Certified. Then, we can proceed for I-140 Filing correct.


    • Anil Gupta
      Anil Gupta 28 Feb, 19 at 10:59 am

      Your employer will receive the official confirmation from DOL and a copy of approval. You need this PERM approval copy to file i140 application.


  46. MC Sher
    MC Sher 26 Feb, 19 at 7:28 am

    Hi Anil,

    My company will file H1b extension with level 1 wage. If we get an RFE, can the company readjust to level 2 if they agree to?


    • Anil Gupta
      Anil Gupta 26 Feb, 19 at 9:37 am

      Who is ‘they’ here? USCIS or your company?

      You cannot change the level of wage later as per my information just to please USCIS. It is better you file with wage level 2 if that’s the plan to improve your chances of approval.


  47. Manoj Garikina
    Manoj Garikina 24 Feb, 19 at 12:01 pm

    Hi Anil,

    My H1b will be maxing out in Jun 2019, After couple of PWD re-determinations, finally i got PWD this week.
    Attorney says they will take another 2 months to file the PERM. What are options now?

    Should i go back to India immediately after PERM filing ?
    how many days before should i leave?
    If i go back to India, how long can i stay in India before coming back to USA?
    What happens if PERM and I140 approval takes more than year?

    Thank you for helping!!


    • Anil Gupta
      Anil Gupta 24 Feb, 19 at 2:03 pm

      It is recommended to leave 60 days in your H1B max out time to avoid issues later.

      You can currently recapture your vacation time spent outside USA to push your H1B max date.

      You can stay in India as long as you want. It is your choice.

      You can come back to US once your H1 extension is approved.
      You can file
      H1B one year extention with PERM pending
      Or
      H1B three year extention with i140 approved


      • Manoj Garikina
        Manoj Garikina 24 Feb, 19 at 8:21 pm

        Thank you Anil,

        Say if my PERM is filed on April 1st 2019 and i move out of USA on May 1st(Maxout Jun 30th including all vacations).
        I will be eligible to apply for 7th year extension on April 2nd 2020.

        Do we need to file for the extension after April 2nd 2020 or can we file for extension in Jan 2020 (since the extensions process are taking 3 -4 months)?

        Also do my Job Titles in PERM and H1B extension application needs to be same?


        • Anil Gupta
          Anil Gupta 24 Feb, 19 at 8:37 pm

          You can file H1B extension on or after April 2, 2020 with pending PERM (if any).
          PERM is for future job and the job title can be different for H1B.


  48. Sadhana
    Sadhana 22 Feb, 19 at 9:20 am

    Hi Anil, Appreciate all your good work!
    My H1B is expiring in September 2019 and my company has just started my PERM process. My 6 years expires in January 2020. Meanwhile my company is suggesting I do a COS with H4 EAD (spouse has approved I140) and then convert back to H1 (apply CAP exempt) when PERM is approved. I understand H4 EAD is at risk and that’s fine as long as I will be able to convert back to H1 after PERM approval. Is this possible? Can my company initiate a CAP exempt H1 after PERM approval?


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 5:11 pm

      Your company can file a cap exempt H1B anytime for your case including after PERM approval.


  49. Swati sinha
    Swati sinha 20 Feb, 19 at 6:44 pm

    Hi Anil, Can PERM will be reject due to disease like diabetics,thyroid or any other?


    • Anil Gupta
      Anil Gupta 20 Feb, 19 at 7:34 pm

      I am not aware of any such rule. Did you submit any medical report with your PERM application?
      I have never heard of it before.

      Medical checkups are done only when you are filing for i485 Green card application.


      • Swati sinha
        Swati sinha 20 Feb, 19 at 7:57 pm

        No, waiting for approval.just want to check.


  50. EvanIcicle
    EvanIcicle 19 Feb, 19 at 2:42 pm

    Hello Anil,

    My perm was file around Sept 2017, then the attorney told me the case was denied in January 2018. She told me something was wrong and the case should not be denied. and she sent my case for appeal. we didn’t hear anything since. the attorney told me it needs 24-36 months to have the case reviewed. When I ask her for my case number, the attorney said she couldn’t give me since my employer said I should not have it. What you think I should do? Thank you!


    • Anil Gupta
      Anil Gupta 19 Feb, 19 at 3:33 pm

      Sorry to hear about it.
      The only way is to talk to your employer and ask about currrent status of your PERM.

      There is no other way to find out the status.


      • EvanIcicle
        EvanIcicle 19 Feb, 19 at 8:36 pm

        Do you think I can ask Department of Labor about my case number or my employer is legal to not let me know the case number?
        Thank you for your reply!


        • Anil Gupta
          Anil Gupta 19 Feb, 19 at 8:53 pm

          DOL does not share information with employees. Only employers and their attorneys have access to ask case status or case numbers.


          • EvanIcicle
            EvanIcicle 19 Feb, 19 at 8:59 pm

            Thank you for those information!


  51. V11
    V11 19 Feb, 19 at 10:06 am

    Hi Anil,

    I have a question on H1B extension.

    1. Started working with employer A, who sponsored my H1B, which was valid from Jan 26, 2016 to Jan 25, 2018. I left this job on Mar 15, 2017, which means that I had approximately 10 months left of unused time on this H1B.

    2. I started working with employer B on Apr 3, 2017. Employer B sponsored a new H1B which is valid between Apr 3, 2017 and Apr 2, 2020.

    We’re in the green card process currently and are worried we might not have enough time to process PERM. With that said, if we were to file H1B time recapture / extension request, will we be able to recapture that 10 months mentioned above, in addition to any vacation time outside of the US?

    Many thanks in advance for your reply, it’s always appreciated.


    • Anil Gupta
      Anil Gupta 19 Feb, 19 at 12:59 pm

      If you were OUTSIDE USA in those 10 months, then you can recapture those 10 months.
      Only time spent outside USA is eligible for recapturing.


  52. Harish
    Harish 18 Feb, 19 at 2:02 pm

    Hi Anil,
    Thanks for effort and all the valuable information. Your responses gives us hope and confidence. Thanks and appreciate the good work.

    Thanks,
    Harish


    • Anil Gupta
      Anil Gupta 18 Feb, 19 at 7:48 pm

      You are welcome. Do share the website with your friends if you think it is useful.


  53. PermChecker
    PermChecker 16 Feb, 19 at 10:22 am

    Hi Anil,

    My PERM was filed Nov 15 2018. H1-B max out is Dec 2019, but currently have visa till June end.
    Once I get my perm and 140 approved (say by March end or April mid), can a new employer file my visa transfer + extension?
    Or will I have to file visa extension with current employer and then have the new employer file xfer?


    • Anil Gupta
      Anil Gupta 16 Feb, 19 at 10:33 am

      I strongly suggest to stay and work with your current employer for at-least 180 days after i140 approval to make i140 irrevocable.

      You can legally file H1B transfer with approved i140 before 180 days but it is highly risky and may get rejected if old employer withdraws your i140 after you leave.


  54. KR
    KR 15 Feb, 19 at 11:41 am

    Anil, PERM MTR filed on Feb 1st week and I see internal ID is cleared now, so when can I expect the MTR decision.


    • Anil Gupta
      Anil Gupta 15 Feb, 19 at 11:54 am

      What do your mean by MTR?


      • KR
        KR 15 Feb, 19 at 12:40 pm

        Reconsideration request to CO


        • Anil Gupta
          Anil Gupta 15 Feb, 19 at 1:17 pm

          Was your PERM denied? What was the reason for denial?


          • KR
            KR 16 Feb, 19 at 11:51 pm

            Yes PERM was denied. Reason: Notice Of filing Wage is lower than form 9089.

            Attorney submitted wrong version of NOF. But we do have the correct version where NOF wage matching with 9089. Attorney believes MTR might win.


            • Anil Gupta
              Anil Gupta 17 Feb, 19 at 11:15 am

              The review decision might take 3-5 months.


  55. Arul Veera
    Arul Veera 13 Feb, 19 at 11:18 am

    Anil,

    Any way to check the status by PERM Case Number ?


    • Anil Gupta
      Anil Gupta 13 Feb, 19 at 11:30 am

      Only your employer has access to DOL PERM system online. You can check PERM application status yourself above if you have your PERM case number.
      This service tries to find your case status and matches it up with other case data publicly available.


  56. V11
    V11 13 Feb, 19 at 8:55 am

    Hi Anil,

    After receiving the PWD, can employer file PERM right away (i.e. as we post the job and start the recruiting process) or we have to finish the recruiting process first?

    Thanks,


    • Anil Gupta
      Anil Gupta 13 Feb, 19 at 10:50 am

      PERM can be filed only when all the pre-requirements like job advertisement and PWD have been completed.


  57. RD
    RD 12 Feb, 19 at 6:12 pm

    Hi Anil! What is the next step for an employer after PWD, do they file for PERM right away?
    Thanks for your time 🙂


    • Anil Gupta
      Anil Gupta 12 Feb, 19 at 6:49 pm

      Yes, employer can file PERM right away after PWD approval.


  58. ANSH
    ANSH 12 Feb, 19 at 12:28 pm

    Anil,

    Is there any way to know my position comes under OES or Non-OES?


    • Anil Gupta
      Anil Gupta 12 Feb, 19 at 3:49 pm

      Don’t worry about OES or non-OES.


  59. Danli Tang
    Danli Tang 9 Feb, 19 at 10:27 am

    Hi, my case is currently audited. Is DOL supposed to process perm audit case on first come first serve basis?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      Logically, they should process the application that came first to be fair with other applications.


  60. sini
    sini 9 Feb, 19 at 10:27 am

    hi Anil,
    We had to leave USA as our 6year period onh1b is completing. So i have to work remotely outside usa. Is it an option for me to take salary IN USA ofcourse me remaining out of the country.


  61. Ash
    Ash 9 Feb, 19 at 10:27 am

    Hi Anil,
    My h1b max out is 29 May 2019 but my current visa is expiring on 10 apr. also perm has been filed on 15th nov. in case my i140 is not approved before expiration of my visa. Is it possible to transfer h1b based on pending i140?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      You cannot stay and work in US beyond 6 year max out even if you file H1B Transfer.

      Your H1B transfer will also need an approved i140 beyond H1B 6th year.


  62. Anjali
    Anjali 9 Feb, 19 at 10:27 am

    Hi Anil,
    I will complete my 6yrs of H1B on Mar 2020 and i have current H1B till Aug 2019. So
    1) If i submit my extension for 6 months , is there any high chance of rejection ? And
    2) My PERM is been submitted on DEC 2018 , when can i expect my PERM approval.
    3) If my PERM is approved, Do i need to do I140 processing in premium if i submit my extension next month.

    Thank you !


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      ## H1B extention for 6 months in H1B 6th year
      There is no issue in filing 6 months H1B extensions. You’re fine.

      ## PERM processing time
      You can expect your PERM approval by April 2019 second week.

      ## i140 in premium if need to file H1B extention immediately
      If you only want to file 6 month H1B extention, then i140 can be filed in regular.

      If you want to file H1B for 3 years, then i140 approval is needed and you should file i140 in premium.


      • Anjali
        Anjali 10 Feb, 19 at 12:25 pm

        Thanks Anil . 1) It is better to submit extension now right for six months if byany chance PERM/ I140 is getting delayed then there will be time for the extension 2) If my 6 months extension is rejected before Aug 2019 and if I140 is approved then can i submit for extension with my current petition which is valid till Aug 2019 with that .


        • Anil Gupta
          Anil Gupta 11 Feb, 19 at 8:04 am

          Ya..it is better to file H1B 6 month extension now if your employer is ready to file it.

          You can apply for H1B extension based on i140 even after the 6 month H1B extension is denied. But, you would still need to fix the denial reason.


  63. V11
    V11 9 Feb, 19 at 10:27 am

    Hi Anil,

    My employer has yet to start the recruiting process since they wanted to wait for the PWD first. My H1B will expire on Apr 2, 2020 (all 6 years without recapturing time outside of the US), do you think we have enough time to take care of the PERM so they can extend my H1B beyond the 6 years?

    Thanks,


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:27 am

      If your employer can file PERM on or before April 1, 2019, then you will be eligible for H1B 1 year extension based on pending PERM, if PERM takes time.
      I have covered the PERM pending scenarios here:

      But, usually, PERM + i140 (in premium) should be approved in about 10 months, if there are no PERM audits or i140 RFEs.


Ask Question in forum


Ask on forum - Get Answer in 1-24 hours