PERM - Labor Certification FAQs

I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Authored on: Tue, 09/20/2022 - 06:44

Question

I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Answer

Video URL

The H-1B remainder option: Calculating recapture of H-1B unused time

Authored on: Tue, 08/30/2022 - 07:01

Question

I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?

(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?

Answer

Video URL

For PERM, can I use my master's degree completed after I joined?

Authored on: Tue, 07/12/2022 - 03:47

Question

My master's degree was officially completed after joining my current company, but I had already earned 54 out of 57 total credits of my master's degree before joining this company. So, can I use this master's degree to satisfy job requirements for my GC sponsored by this company?
 

Answer

Video URL

Experience & education requirements for a PERM/labor certification-based green card

Authored on: Tue, 07/12/2022 - 03:42

Question

1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low?

2. What could be decent experience & education requirements for a job to successfully get an employment-based green card.

3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new job and employer where my green card can be filed based on my current higher qualifications?
 

Answer

Video URL

How can we expedite the filing of a PERM application?

Authored on: Tue, 06/28/2022 - 03:13

Question

In order to expedite the PERM process, is it possible to do recruitment in parallel with PWD?

Answer

Video URL

How can we keep the immigration benefits of an approved I-140 (priority date and the right to extend H-1B beyond six years through any employer)?

Authored on: Tue, 06/28/2022 - 03:02

Question

Three months after the I-140 approval, I moved from the location of employment given in my PERM application. I will stay with the same company for 180 days after the I-140 approval. To keep all benefits of an approved I-140 after I change employers, what do I have to do? What is the impact of the change of location? Do I have to prove my intention to keep the job permanently? Will the USCIS revoke the I-140 because of the change of location or if I change employers?

Answer

Video URL

Denial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?

Authored on: Tue, 06/28/2022 - 02:57

Question

My EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer. The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485. Will there be any impact of the denial on my approved EB-2 I-140 and I-485?

Answer

Video URL

I-485 interfiling to use EB-2 instead of EB-3 with a new employer

Authored on: Fri, 06/17/2022 - 02:23

Question

I'm an Indian national living in the USA.

1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.

Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)

Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.

Answer

Video URL

How are PERM minimum job requirements determined?

Authored on: Tue, 06/14/2022 - 02:38

Question

Q1. Does it make a PERM and GC case stronger if a job has high minimum job requirements? Because the requirements are very high, it could be easy to prove that no qualified and willing US worker is available for the job.

Q2. If a job has very low minimum job requirements like only a bachelor's degree, does it make a PERM and GC case weaker? Because the requirements are very low, it could be hard to prove that no qualified and willing US worker is available for the job.
 

Answer

Video URL

Leaving employer while an I-140 is pending

Authored on: Thu, 12/02/2021 - 02:19

Question

I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?

PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.

 

Answer

Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well. Could your intention to continue to work at the employer be called into question because you had a preconceived intention to leave? That does not appear to be a major issue with the USCIS, but you never know.