gc_bulgaria
10-09 04:18 PM
http://www.immigration-law.com/
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
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CADude
07-27 12:57 PM
You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
whyregisteration
12-19 03:18 PM
Is it necessary to file second time with I-140 reciept?
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
I heard one did not need apply another I-765 (EAD) unless it is expired or voided (one 140 approved is enough :D )
now 485 fee is $1010 for an adult, already including I-765 (EAD) fee :rolleyes:
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
I heard one did not need apply another I-765 (EAD) unless it is expired or voided (one 140 approved is enough :D )
now 485 fee is $1010 for an adult, already including I-765 (EAD) fee :rolleyes:
2011 Nissan Skyline R34 Gtr
jaggu bhai
08-10 08:42 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
more...
GC9180
10-14 05:06 PM
My parents got from india, not worth it bcoz even for simple visit for fever we needed to pay ($100)
1) bcoz the doctor would not take the insurance, they said they donot deal with the insurance we have.
2) i called up the insurance co. in india ...we were asked pay and claim the paid amount after there return to india.
Get one from here (USA) i would suggest.
1) bcoz the doctor would not take the insurance, they said they donot deal with the insurance we have.
2) i called up the insurance co. in india ...we were asked pay and claim the paid amount after there return to india.
Get one from here (USA) i would suggest.
Libra
08-03 12:26 PM
Lisap, do you think you need to open a new thread to ask this question, dont you see there are hundreds of threads already opened on this issue.......i mean, what i wonder is you didn't find a single thread to post your question....man you guys........:eek:
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
more...
calaway42
10-20 02:18 AM
gosh!! you experts!! what do i need to learn to be able to graphic design like you guys!?!? help!~:P
2010 MODIFIED NISSAN SKYLINE GTR
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txh1b
08-25 02:33 PM
AC21 is complicated enough and you need to have a qualified lawyer (get a second opinion from one) if your company lawyer is the only one that is looking at it.
1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
2. This sounds more like a same/similar position.
3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
5. a. You will retain your old PD.
b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
6. This sounds repetitive as #3.
1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
2. This sounds more like a same/similar position.
3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
5. a. You will retain your old PD.
b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
6. This sounds repetitive as #3.
more...
aachoo
03-23 12:36 AM
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"
-a
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"
-a
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acsouza
03-18 05:08 PM
Hi Euclid,
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
more...
travellertvr
03-22 02:57 PM
hpandey,
Thank you for your reply. Yes, new H-1B comes with new I-94.
Thank you for your reply. Yes, new H-1B comes with new I-94.
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raysaikat
05-25 03:43 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
more...
house Nissan Skyline R34-GTR
lazycis
02-11 02:04 PM
You are right! Some people did not notice that moe is not illegal. But some people did notice the moe is an anti-immigrant disguising someone he is not. moe wanted to hear exactly what you told him. Now he will bash legal immigration saying all legal immigrants are actually illegals. Please try to use your brains, maybe just a couple of times every few years.
.
How about using your heart? I feel sorry for you...
.
How about using your heart? I feel sorry for you...
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kumar07
09-16 05:08 AM
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
more...
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glus
03-19 11:47 AM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
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karthikgk
02-19 12:54 PM
All,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
more...
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lostinbeta
10-03 12:12 PM
Weird is cool in my book =)
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kate123
09-24 02:01 PM
excellent.. if this happens!!!!
The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
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bharad
08-03 12:25 PM
Very well said.
FIFO - FirstInFirstOut & LIFO - LastInFirstOut
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
FIFO - FirstInFirstOut & LIFO - LastInFirstOut
Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.
Enjoy the wait!
need_EAD
05-18 02:56 PM
Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
Hassan11
03-26 11:34 AM
Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
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