Skip to main content

PERM validity and expiring underlying status

Hi there,

I'm trying to figure out what possible outcomes might happen to my case in the next few months.

Long story short, working in the US on an E2 that expired in November last year. I94 valid until early Jan 2022. Have been unable to renew the visa despite company desire as home country (UK) has not had any appointments available for E2 visas due to COVID.

Currently going through the PERM process, and it was filed back in early Jan 2021, so expecting some news, positive or otherwise in the next month or so.

Where I have not had consistent answers from my employers legal handling my case are what are my options going forward if the PERM is approved? Normally of course, we'd look to file i140 and 485 ASAP, but given the processing timelines for those, there's no way they'll be finished by the time my underlying status expires in Jan. There's also no guarantee that consulates will be processing visas again before then. I imagine my employer will be uncomfortable with me working with no underlying status to fall back on.

So, I'm trying to figure out what the options are. Would they immediately default to consular processing and ask me to leave? Or would they want to draw out the perm validity with a hope that visa processing at embassies opens up?

I know we're dealing with hypotheticals here (PERM might not even be approved) but given the 6 months left I'm trying to do some scenario planning for what might be a series of radical life adjustments.

Appreciate any advice you may have.

submitted by /u/dfgzinh
[link] [comments]

source https://www.reddit.com/r/immigration/comments/o7scab/perm_validity_and_expiring_underlying_status/
Labels:

Popular posts from this blog

N-400 form {"data":null,"error":{"developerMessage":null,"userMessage":null}} message

A few questions: I filed my N400 naturalization on March 23, 2020. Nearly one year later on Feb 2021 they sent me a notice that they'll reuse my biometrics from my green card application, but they won't refund the biometric fee! At the same time April 2021 showed up on my account as the expected completion date. Last week, the status was "17 days". Today the estimated time of completion has disappeared!!! Any idea what that means? More importantly - When I click on "View PDF" link under "N-400 Application for Naturalization", to see my actual N-400 form, I get " {"data":null,"error":{"developerMessage":null,"userMessage":null}} " message! The form is also missing under "Documents -> Your Uploads" tab! So, it appears that my N400 form is missing! What does that all mean, considering that it's impossible to file without N400 form! Finally, under profile, My name is incorrectly sp...
Read more

Form G-1055, Fee Schedule -

Uscis.gov - USCIS October 11, 2024 at 09:02AM Form G-1055, Fee Schedule Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule. from RSS Feed
Read more

Form I-485, Application to Register Permanent Residence or Adjust Status -

Uscis.gov - USCIS August 28, 2024 at 05:12AM Form I-485, Application to Register Permanent Residence or Adjust Status Edition Date: 08/28/24. Starting Oct. 28, 2024, we will accept only the 08/28/24 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed
Read more