QUESTION

Can my company file for PERM if I leave US?

Asked on Sep 12th, 2013 on Immigration - Texas
More details to this question:
Hi, I will complete my 6 years on January 31,2014 (on H1B). My green card process has started and currently we are waiting for "Prevailing Wage Approval", after that the AD & interviews will also take approx 3 months. My company has lots to process before they file the for PERM. So, based on the projected timeline, it looks like all these pre-processing will be completed by January 31, 2014. And then they will file for my PERM on February 7, 2014. Will it do any good to me? Leaving US for a year is not problem. Can my company file for PERM if I leave US (on/before January 31, 2014)? Please suggest. Thanks.
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6 ANSWERS

Yes, a company can petition for your green card through PERM even if you have never been in the US as long as there is a valid job offer.
Answered on Sep 19th, 2013 at 3:36 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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filing PERM and your staying in the US have nothing to do with each other. As long as your company wishes to sponsor your PERM and later the immigrant visa petition, you can be anywhere in the world.
Answered on Sep 12th, 2013 at 9:36 PM

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Adebola O. Asekun
Your physical presence in United States is not necessary or required for your company to file a PERM or the subsequent Form I-140 petition
Answered on Sep 12th, 2013 at 9:35 PM

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Rebecca T White
You do not need to be in the U.S. for your company to complete the PERM process for you.
Answered on Sep 12th, 2013 at 2:03 PM

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Your company should be able to file the PERM when it is ready.
Answered on Sep 12th, 2013 at 12:40 PM

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Yes, your company can still file the PERM for you after you leave the U.S.
Answered on Sep 12th, 2013 at 12:30 PM

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