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eligible candidates for PERM

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  • eligible candidates for PERM

    How true that out of status immigrants are not eligible to file for new PERM law?
    I heard about this to a lawyer from Los Angeles but im getting different answers from different lawyers i've talked to.
    In my case my lawyer filed for a labor cert (stil on process in labor dept) when my visa got expired, i was told that it would take 3 years to be approve but since the PERM is taking in action by March, i would like to process mine under that new law which will make the processing time more faster.
    Question is do you think i am eligible to file for PERM even my visa got expired when my lawyer filed for my labor cert?
    Any helpful answers are appreciated thanks and God Bless!

  • #2
    How true that out of status immigrants are not eligible to file for new PERM law?
    I heard about this to a lawyer from Los Angeles but im getting different answers from different lawyers i've talked to.
    In my case my lawyer filed for a labor cert (stil on process in labor dept) when my visa got expired, i was told that it would take 3 years to be approve but since the PERM is taking in action by March, i would like to process mine under that new law which will make the processing time more faster.
    Question is do you think i am eligible to file for PERM even my visa got expired when my lawyer filed for my labor cert?
    Any helpful answers are appreciated thanks and God Bless!

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    • #3
      Anyone is eligible to file for PERM or a Labor Certification, however if you are in illegal status at the time of filing you will have to wait until 245(i) or a similar law is enacted to actually use the approval in either case. I would not suggest converting your labor cert into PERM as your labor cert probably didnt comply with PERM's newly created regulations, especially the recruitment, even if it was RIR. As such you may still get approved under LAbor Certification but be denied as PERM. IF you need professional legal help please call 410-404-6813

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