Is there any update on PERM applications filed by Facebook? I am seeing many posts that describes the concern that the PERM applications filed by FB are staying in pending status even after the waiting times while the PERMs filed by other companies are getting approved (I don't have legit souce but is what I am reading everywhere) I am on H1B visa and have my I140 approved with priority date of 2016. On the USCIS portal, it says they are processing EB3 category with priority date of 2013 which means that my priority date will become current after roughly 3 years based on the current rate. Has anyone who joined FB in the last 1 year gotten there PERM application approved? I am joining FB in November and I recently found about this issue due to ongoing lawsuit against FB. I asked the legal team and they said Department of Labor (DOL) is accepting PERMs and the wait time is 6-8 months though I don't know if PERMs are getting approved or not.
Read this and decide. FB has a pending lawsuit with the DOJ that has all the existing and future PERMs on hold. There are more than 2k people in this situation and affects anyone with an approved i140. Leadership and Mark isn’t giving a clear update because it’s an existing lawsuit and doesn’t have an end date. Those are approaching the 6-year H1b date are in a tricky situation and some are thinking of jumping ship. I’m not a lawyer but please consult one before joining.
Are you saying it’s impacting people with approve i140 from other companies too?
Yes. You need to go through a new PERM when you change an employer even with an approved i140.
When can you start applying for perm after joining Facebook?
This is something you can discuss with HR. Push for a 0 day greencard.
FB legal team said once I have compeleted bootcamp and have selected a team I can request for PERM filing from their internal portal. I don't think they are doing 0 day green card.
Your priority date will most likely not be current in next 5 years. Dates moved this year only because of travel ban in middle eastern countries by Trump. That restriction doesn’t exist no more. So we are back to dates moving slower than a 🐌
I agree. My priority date is in 2016. I am not expecting it to become current anytime soon
Even if it slows down again and it takes 5 years, what is your point? Are you saying that within 5 years, the PERMs might start getting approved?
My gosh. Almost 9 years of back log. I feel bad for you bro but avoid Facebook for now or you may end up in a huge huge problem when your perm got stuck forever.
I am assessing the situation. Had the offer signed, was scheduling movers, planning to sell house, and hit the bummer😔
In case you can’t get your i140 sorted in time, you will end up losing your priority date and the worst downside is potential being deported. I don’t think this is really worth the try to be honest.
What happens in a scenario where my priority date from previously approved i140 becomes current but the new PERM filed by Facebook is not yet approved (aka pending)? Can I continue to file h1b extensions even after that point? After that time if I switch to different employer, can I file for PERM again and get the priority date from previous i140 transferred over to the new one? Same as above, if I change my employer can they file PERM and get priority date transferred?
If ur priority date is current, within one year u need to file I-485
But what if PERM filed by FB is in pending status? Am I going to lose my spot? In a different case, if FB doesn't file PERM and my PD becomes current, am I going to lose my spot? Later if I switch my employer (i.e. after my PD had become current) and they file my PERM, have I now lost my PD?
It hasn't been resolved yet but there's progress: https://www.justice.gov/eoir/listing-volume-14-decisions My estimation is this will get lifted by mid-next year. FB will not let it to be forever since it replies on immigrants so much. Just my 2 cents.
Thanks for sharing the link.
How to read this table in the link ? There are multiple decision date in that column
So I asked my recruiter if there has been any PERM approvals since October 2020 and I am told that the PERM approvals have been taking longer recently, but they have gotten PERM approvals during the time frame.
They r lying to you, no approvals since Dec 2020.
Talked to someone working at FB and they say that PERM is backloged which is why it is taking time for approvals.
It is a risky assumption to say that PD of 2016 will take 5 years or so. Based on the visa bulletin, for each month passed I am seeing PD being moved by 5 months (based on bulletin for recent months). At that rate, it would take just 8 months from now for a PD of 2016 to become current. I could be interpreting this wrong in which case don't hesitate to correct me. If someone joins FB under the assumption that a 2016 PD will take 5 yrs from now and then suddenly it becomes current in 8 months, they could end up in a situation where FB hasn't filed PERM yet. The consequence of that would be if the H1B expires within an year they will be forced to leave US because PD is current and you your don't have PERM/I140 approved. Even if FB files PERM that won't help because for H1B renewal you need to have PERM filed 365 days prior to H1B expiry. However, this is only an issue if H1B expires in an year; meaning if FB files PERM after PD has become current AND you have more than 1 yr on your H1B then you will be able to extend H1B in 1yr increments as long as your PERM is filed&pended 365 days prior to your H1B expiry. Therefore you can keep extending H1B in 1 yr increments, and later when PERM gets approved you can file I140 and I485 concurrently (with premium processing). Someone please correct me if I am wrong here. But I want to make sure some of the misconceptions and fear is pacified by the fact that you can still extend H1B in 1 yr increments if PERM is filed 365 days prior to H1B expiry. Update - talked to lawyer and it is either PERM filed before 365 days of h1b expiry OR a i140, which would give you 1 yr extension on h1b if your PD is current.
OP i am in a similar situation. Will be joining FB in Nov and have an approved i140 from current employer. My h1b has gone through renewal once and the 6yr period expires in mid 2022. Are you saying that even if FB PERM doesn’t get approved, my h1b can be renewed based on previous employer approved i140?
Correct. You can use an approved i140 (doesn't matter previous or current) to get h1b extensions. If your priority date is not current, you get 3 yrs extension and if your priority date is current, you get 1 yr extension. You can get extensions numerous times.
Does anyone on this group know when is the next court date for the FB/DOL lawsuit?
You can look at the link Unity attached to see the updates along the way. Looks like a date has been set for early October.
Hey OP, what level are you joining as?
IC4 level