Guestbook Entry for Sami, United States
Name
Sami
Country
United States
State
Florida
PERM - Labor Certification
Green Card for employees
Question details
If a company is willing to sponsor green cards for a number of valuable employees, currently working with temporary worker visas, does it reduce the chances of success? (like applying to 4 to 5 employees simultaneously)
Generally speaking, as long as the jobs are genuine and the employer has the ability to pay, the number is irrelevant.
Can I file I-140 under EB2 if PERM is filed under EB3
Question details
My Perm is filed in October 2008 under EB3 and was audited. As per your current dates, guessing it might be approved in October 2010.
1. I would like to know if I can file I-140 under EB2 as I got my work experience eligible for EB2 category.
2. If I change employer before my PERM approval, will my priority date change? If so, to retain Oct'08 date, till what time, I can be with my employer?
3. Once I-140 is approved, can I change employer or stay for 6 months and then change employer so that my priority date will retain oct'08?
1. No. PERM application determines what your category is.
2. If your I-140 is not approved, you cannot carry your PD to a new employer.
3. Once approved, you can carry your PD, even if you leave earlier than six months. You do have to start your green card process all over again.
Labor filing and F-1
Question details
My employer has being try to file labor for the last 2 years and finally decided filing as Finance major would be risky & decided to go with engineering specialization.Two major issues:
- I have 4 months remaining for 365 day deadline (H1B with time captured outside US would be Dec '11)
- My employer is asking me to go on F1 staus to freeze the time on H1.Two questions:
Is 4 months enough time for me to find a new employer & ask them to file for labor? Is it legal for me to work on F1?
It could take a bit longer than 4 months to file. You can work on F- 1 if the school allows Curricular Practical Training.
Priorty date
Question details
I have a priorty date(PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?
You do have to start the green card all over again, but your PD is yours to take with you to the new job.
EB2 approval after EB3 on the same labor certification
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
Team Notes
Menka
Green Card
Guestbook Entry for Satya Jayadev, United States
Name
Satya Jayadev
Country
United States
State
NC
Comment
I got my labor certification approved a few days ago. Mr. Khanna's office did a wonderful job gathering all the details and working with my company to get it done. The process was very smooth and my employer was really happy with the response time from Mr. Khanna's office. Special thanks to Richa for patiently answering all the questions and filing the petition on-time and accurately. She is a true professional and a great resource of information to all new applicants. Thank you once again! I would definitely recommend Mr. Khanna to all my friends for all their Visa needs!
Guestbook Entry for Sri, United States
Name
Sri
Country
United States
State
TX
Comment
I received my labor approval in just 2 months this Aug. I am happy that I went with Mr. Rajiv S.Khanna for labor certification. I must mention here that the paperwork done here has been perfect and I had no RFE's and I am confident that with such perfection & highly skilled team they will be able to get my Green Card much faster & with no RFE's. I found the staff in his office in general and with a special mention of Mr.Vijay Durgam and Mathew Chacko very co-operative. Mr.Vijay thank you for your timely replies and detail explaination for all my questions . Thanks to Rajiv shaab and his staff for making people like me happy.I will definetly tell people who are looking for GC to choose Mr.Rajivs firm because they are the best !!!!!!!
I came to the United States by an H1B visa. The H1 visa was filed through my company's attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company's attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer's hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!