Legal Question in Immigration Law in California

Want to apply for Labour should I wait for Perm

I am working for a company they want to start my green card process. Since they don�t have any law that is way I am shopping for one in California. I heard a lot of stories about PERM. SO pls. Advice should I wait till PERM kicks in or should I go ahead and start my process now? Most important question is if I apply for labor certification now for a Company X and say in 5 months PERM kicks in that case can I apply for labor certification through PERM though Company X? If yes in that case if my PERM get refused will my old process will still continue and If it gets approved in that case will I get my GC faster. Pls. Advice.

Thanks


Asked on 6/27/03, 5:31 pm

2 Answers from Attorneys
Gabriel Jack Muston & Jack P.C.

Re: Want to apply for Labour should I wait for Perm

PERM may come or it may not. I would go ahead and file an RIR case just to get one on the books. The language of the regulations say that they will allow for an "Upgrade" of cases from regular processing to PERM. That is, if PERM is ever implemented.

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Answered on 6/27/03, 5:49 pm
Myron Morales Lee Lane Smith LLP

Re: Want to apply for Labour should I wait for Perm

It is unlikely that PERM will be implemented anytime soon. For now, go ahead and start the process. There has been some talk that once PERM is implemented, that the DOL will either finish all the old cases first or they will be grandfathered.

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Answered on 6/29/03, 10:54 am


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