PERM Complete (possibly), and next step
 

Hi all,

I am in the process for a GC going through the EB-2 route. I am currently working on an L1A visa.

the PERM was submitted a while back and now I have the following in speech marks with questions in bold below them:-

"PERM Decision received with receipt number for https://egov.uscis.gov/casestatus/mycasestatus.do?app"
The receipt number is not working and I've reached out to the attorney but does this mean I am past the PERM stage or would I need to look at the specifics of the receipt ?

" I-140 EB-2 AdvDeg/Execpt'lAblty "
Can I speed this process up by completed the premium processing i-907 form with fee? If so, is it worth doing it given the i-485 cannot be expedied and I do not want to attract RFEs?

"AOS"
This has been opened up as a section on my lawyers portal. I suspect this is the AOS for the EAD/AP card which can be issuesd 90 days after filing both the i-140 and i-485?

Thanks!

Re: PERM Complete (possibly), and next step
 

All I can tell you is that don't expect your EAD to come within 90 days. That's not a thing anymore. It also requires filing I-765, but assumably your lawyer will handle this .

Re: PERM Complete (possibly), and next step
 

thanks. Can you elaborate on the EAD/AP card not coming after 90 days of filing not being a thing?

Re: PERM Complete (possibly), and next step
 

still seems to be a thing from what I read on the uscis website ...
https://www.uscis.gov/news/questions...ns-and-answers

Re: PERM Complete (possibly), and next step
 

You can only file the I-140 at the moment anyway.

Check the visa bulletin - https://travel.state.gov/content/tra...mber-2018.html

You're not able to file for AOS (Adjustment of Status) at the moment (and I-765 + I-131 for an EAD and Advance Parole) because assuming you were born in the UK they are only accepting EB-2 applications with a priority date earlier than January 1st 2013.

Re: PERM Complete (possibly), and next step
 

interesting thanks Olly.
I dont understand why I'm not:

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Re: PERM Complete (possibly), and next step
 

Your attorney obviously didn't think you would qualify for EB-1?

EB-1 isn't current at the moment either so you're not missing much...

Re: PERM Complete (possibly), and next step
 

https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

Published 5 years later than your reference.

Re: PERM Complete (possibly), and next step
 

so what does this actually mean? I understand the 90 day rule no longer applies but does it mean that until the GC is to hand, one cannot freely travel and/or work within the US? I understood with the EAD/AP card it was possible to do this hence not have to wait until the GC was issued.

Re: PERM Complete (possibly), and next step
 

Yes and no; assuming your L1 is still valid you will be able to leave and enter the country on your L1 up-to it's expiry date, even with a pending AOS application.

However - should your L1 expire before your application is fully adjusted, this is where you would definitely way the EAD/AP card as it would allow you to enter under the AP status, vs L1.

Equally, the EAD portion of the card would allow you to work for any employer, remaining on L1 status is tied explicitly to the sponsor of the visa and that employer alone.

Re: PERM Complete (possibly), and next step
 

EAD/AP will still likely be processed far in advance of AOS.

Re: PERM Complete (possibly), and next step
 

Thanks all. My L1 expires September 2021. Will that mean I dont need an EAD card and so i cannot work for any employer until I get AOS completed?

Re: PERM Complete (possibly), and next step
 

You don't "need" an EAD/AP card so long as you remain in valid L1 status (employed by the same employer) however without the EAD card you cannot work for anyone except the original L1 petitioning company.

Re: PERM Complete (possibly), and next step
 

I forgot to ask, your legal status in country isn't just tied to the L1 date, it is also tied to the PED date, which is usually only valid for the first 3 years. You can find the PED date in the bottom right of your visa. Are your PED and visa expiry dates the same, or is one sooner?

Re: PERM Complete (possibly), and next step
 

Indeed that is what I am worried about. The company I am working for has been going through a major re-org and with all the politics going around it may impact my role.
PED = Sep 2019
Expiration = Sept 2021