PERM pending for more than 5 months? What are my options?

USA PERM
1

Hi Anil,

My PD date is Sept 28,2018 and have not heard any response yet. Checked with employer and no response received yet.

The only way to ask is ask if 90 days more than month posted on icert and that month is in oct from past two months .

I have to wait till jan shows up on icert to ask. what are my options and Should i consider my case is audited ?.

Thanks in advance

2

At this time, your only option is to wait for the result.

If your PERM was in Audit, your employer would have received information from DOL for submitting some proofs.

I think its just that your case is probably taking more time than normal.

It should be approved anytime now.

3

Thank you Anil for quick response. This is like rolling the dice… jus tat its hard to accept the outcome!. Just have visa until June. Should i wait until the icert month changes to January to raise SR?

4

Yes, you should wait for the iCERT website to update.

Officially, DOL allows to raise a service request if your case has been pending for more than 90 days from their online date.

5

Could you please share a link where i can find this online date from icert or any other forum?

6

This date is here on PERM processing time page.

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7

The SR date changed to Oct 1, 2018. Can i ask my lawyer to raise SR as PD date was Sept 28, 2018?

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8

No, you cannot.

The official rule is that your date should be 90 days older than the SR date to ask for status update.

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9

Icert official Website says:
"If there is more than a 30-day difference between the employer’s filing date and the PERM processing time, the employer may contact the National Processing Center (NPC) for a status update.

An employer who filed a labor certification application via mail may contact the National Processing Center’s Help Desk at 404-893-0101 for a status update."
Current Perm processing is now: Nov 2018

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10

Hi Anil, I have not received any update from USCIS as per my lawyer.
1.Is it mandatory USCIS must provide some update on perm within 6 months?
2.If i raised SR after 6 months, how long will USCIS take to respond?

11

PERM is issued by DOL and not USCIS.

You do get PERM approved within the timelines. If it is pending for more than normal time, you can always ask for status update.

13

my perm is in pending since more than year. I am not sure when can it to be approved.

14

Hi @kishore_k

Did you check your PERM case status using PERM case number here:

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15

Hi Anil,

Yes. I am checking this site everyday to check my PERM status.

it is always showing pending status.

Thanks,

Kishore

16

Hi @kishore_k

Good that you are checking. If the case status changes, it will show up as data is updated everyday.

17

The final update of my story was: My perm was never filed in the first place and i got to know this only after 7 months and i was waiting for perm. It was human err or machine error that ack email was not received.

However they reapplied and got my Perm approved and I140 but had to go through the tough ordeal. Please confirm the ack email after perm is applied.

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18

Hi,

My PD is 09/19 and my maxout is on April 1st week 2020. My perm is not approved yet. I only have a month of recapture days. What should be my best course of action? If I return to my home country after max out is there any cooling period before my extension can be filed?

Thanks

19

Hi @papaihere

I already answered a similar question above earlier:

21

Thanks Anil. But can you put some light on the cooling period? I am highly confused about it. Many are saying I need to wait for an year if I exhaust my 6 years here.

Thanks

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22

There is no cooling period required if you file H1B extension using either PERM or i140.

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