PERM during j 1 status

[Surrey19 6]

Hello everyone 

 

I have master degree and there is a company that is willing to sponsor me and will submit my PERM on December (under en3 unskilled category )

 

however ,I am currently on tourism visa and I will be doing a 12 month graduate program in LA and I will be applying for J1 visa that start on March 

 

I am afraid that having J1 visa may affect my eb3 process and should I apply for J1 before the company apply for PERM or after or it has no affect 

 

knowing that J1 program is related to Business 

 

thanks 

[Boiler 44,947]

The US spouse and the CR1, what happened to that? are probably bigger factors.

[SalishSea 17,506]

3 minutes ago, Boiler said:

The US spouse and the CR1, what happened to that? are probably bigger factors.

I predict "asking for a friend." 😅

[Surrey19 6]

4 minutes ago, Boiler said:

The US spouse and the CR1, what happened to that? are probably bigger factors.

Hahaha we broke 😂

[Boiler 44,947]

Broke or not that could be an issue and certainly presumably IR1 makes more sense.

[carmel34 3,576]

53 minutes ago, Surrey19 said:

I have master degree and there is a company that is willing to sponsor me and will submit my PERM on December (under en3 unskilled category )

 

however ,I am currently on tourism visa and I will be doing a 12 month graduate program in LA and I will be applying for J1 visa that start on March 

Either way you go, J-1 or EB-3, both are taking 12-18 months right now, so plan on leaving the US when your I-94 expires to wait out the process.  Don't jeopardize either one by overstaying.

[Surrey19 6]

2 minutes ago, carmel34 said:

Either way you go, J-1 or EB-3, both are taking 12-18 months right now, so plan on leaving the US when your I-94 expires to wait out the process.  Don't jeopardize either one by overstaying.

Thanks but my concern if it is better to apply for PERM before J1 

 

or applying to J1 before PERM 

 

as my J1 program start on March and I can ask the employer to delay applying for PERM until I get the J 1 visa and sure I will not overstay ..that why I am asking as a bit worried 

[Boiler 44,947]

You need to go back either way to get your J1 visa, an overstay and you can kiss goodbye to a J1.

[arken 4,197]

PERM and J1 do not contradict each other. Note that PERM itself is not petition to hire you as a permanent employee, it's just a request for a permission by your employer to the DOL to petition you.

 

Have your future employer already started the initial processes of PWD and recruitment process? If not PERM in December is highly unrealistic.

[Surrey19 6]

12 minutes ago, arken said:

PERM and J1 do not contradict each other. Note that PERM itself is not petition to hire you as a permanent employee, it's just a request for a permission by your employer to the DOL to petition you.

 

Have your future employer already started the initial processes of PWD and recruitment process? If not PERM in December is highly unrealistic.

Thanks for the info

 

yes my employer had done the pwd from 4 month and they will be ready for PERM next month  but I was thinking to ask them If they can delay  till March so I can start the J1 year before to avoid any problem 

[SteveInBostonI130 3,357]

So...  What happened to the CR1?

 

 

 

8 minutes ago, Surrey19 said:

Thanks for the info

 

yes my employer had done the pwd from 4 month and they will be ready for PERM next month  but I was thinking to ask them If they can delay  till March so I can start the J1 year before to avoid any problem 

 

If your employer requested prevailing wage for PERM 4 months ago, in July, then it will be about 4 more months for DOL to respond.  They are currently working on requests from Feb 2021.  Here's the current processing times:

 

https://flag.dol.gov/processingtimes

 

After PWD the employer will need about 2 months to determine a qualified candidate exists in the US before they can hire you.  It will probably be June 2022 when the employer can submit the PERM application.

[Surrey19 6]

9 minutes ago, SteveInBostonI130 said:

So...  What happened to the CR1?

 

 

 

 

If your employer requested prevailing wage for PERM 4 months ago, in July, then it will be about 4 more months for DOL to respond.  They are currently working on requests from Feb 2021.  Here's the current processing times:

 

https://flag.dol.gov/processingtimes

 

After PWD the employer will need about 2 months to determine a qualified candidate exists in the US before they can hire you.  It will probably be June 2022 when the employer can submit the PERM application.

That is not true ,there are two types of PWD ..the one I’m referring to already started processing from June ...it depend on your employer what category of PWD is using 

 

anyway i am sure about the perm date and not here to talk about it 

 

my question was clear will apply for PERM affect my J1 visa and does applying for j1 visa affect the PERM 

 

 

[mari04 100]

I will be straight forward: if you are going to do graduate studies you need J1. If employment do PERM. In fact question has been already answered to you. 

[mari04 100]

In fact, given the history, I do not think you will get either. So, you can chose any of them.

[Coco8 1,042]

I'm confused. If an employer wants to do an EB3, you have to be working for them. Some people work abroad and others get a work visa, while the PERM/EB3 is ongoing. How are you going to be on a J1 and in the meantime, they are doing a EB3 for you that will take years? I've never heard of a job that makes an EB3 for anyone who isn't employed with them. I've only heard of companies/universities that do an EB1 directly, because they are hiring someone important and can be rather fast process. 

 

J1 won't affect EB3. 

 

EB3 application can affect J1, but it could depend on how good the graduate program you are going to is. If you go to a MBA at Chicago, more likely than if you go to a MBA at unknown place. 

 

Nothing will affect PERM. PERM is just PERM and they don't care about your status. It's based on labor rules.

 

What I don't quite get is why you need a J1 and not an F1. For grad school you usually take an F1. J1 is only if your funds come from certain place or if you were just on a J1 with a 2-year residency requirement (or something like that). So why J1?

 

 

Edited November 27, 2021 by Coco8