Count PERM 365 days from Date of filing PWD or Date filing ETA Form 9089?

USA Green Card
1

HI Anil ,
can you explian for me meaning of “you can apply for 1 year H1B extension based on pending PERM even if it is in Audit, if the PERM has been pending for more than 365 days.”
Labor certification, commonly known as PERM, is a multi-step process .
Labor Certification Step One: PWD Request
Labor Certification Step Two: Placing Ads and Recruiting
Labor Certification Step Three: Filing ETA Form 9089

From which date… we have to count 365 days ? Date of filing PWD or Date filing ETA Form 9089 ?

2

Hi @Sachin_JSD

The PERM date is the date when your employer actually files the Form 9089 with Department of Labor.

Everything else like PWD request, Placing ADS and recruiting is a pre-requisite for filing PERM and is NOT counted.

The 365 day is counted starting the day Form 9089 is filed.

Does that answer your question?

3

Thanks for such quick reply … My H1 expriring on 25 June 2019 and My companu applied PWD in May 25 , 2018…What is your etimated timeline that perm approval ? i mean based on current 2018 proceessing times…Not accurate…just guess needed…What you suggest …i mean Can go india in NOV DEC JAN 3 month and recpature times and come back In JAN end . I need to get h1 stamp till 25 June 2019 . SO I have to appear for visa stamping in DEC 2018 …suggest me somthing …thanks in advance

4

Hi @Sachin_JSD

PWD = Prevailing wage determination.
PERM = Labor application for Green Card.

These are two different things. What was applied on May 25, 2018? PWD or PERM?

Current PERM approval timelines are tracked here (Updated Daily). You can check your timeline based on the date your PERM was filed:

5

PWD applied on May 25, 2018. so what is your etimated timeline to extend my h1 at least 1 year after 25 June 2019 … I assume iCERT not showing PWD dates . I need at least perm approval before 25 June 2019.

6

Hi @Sachin_JSD

The link i shared above for PERM dates shows the PWD dates as well. Not sure if you checked it or not.
Currently, they are working on PWD application filed in Mar 2018 or before.

The current waiting is about 2-3 months for PWD.

You should be able to get your PWD approval somewhere around mid-August 2018.

Then the PERM approval should come around Feb 2019 if your employer files PERM somewhere in end of Aug 2018.

7

Thanks you so much . You are awesome … I hope this timeline become true…

I may missed some info from link as i am new here …I will check link again

8

No problem. Let me know if you need more information.

9

hello @Anil_Gupta .

I have entered US On march 29 2018 and went to India for 46 days.

ideally my H1b 6 year quota ends on march 29 2024.

I’m trying to calculate what is the exact date which my PERM should be filed or before so that I fall in to eligible category of 7th year extension, in case

  1. Is it before May 14th 2024 ( Included 46 days of time spent outside USA)
  2. is it before March 29th 2024 ( Did not include 46 days of time spent outside USA)

Also trying to understand let’s say if we file PERM before 350 days of h1b expiry quota including time spent outside USA, and the PERM goes to auditing and processing time is more than 365 days , are we still eligible for 7th year extension?