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How are PERM minimum job requirements determined?

2 years ago By Chief Editor

Question details

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.

FAQ Transcript

1. Absolutely. At the same time you cannot lie.
2. Definitely. Your HR would be a good source for this kind of information. Hence, in principle what you are saying is absolutely correct, but also remember that these papers are filed under penalty of perjury so one has to be meticulously truthful.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Rajiv's Article - Can you sue the US government if your immigration process is delayed?

2 years ago By Chief Editor 4 comments

Published by: The Economic Times - Date: June 13, 2022

Synopsis

Fundamentally, is litigation against delays in the immigration process a viable option in your case? The answer is perhaps it is, but be mindful of the relevant factors, including the uncertainty of the outcome and expenses involved.

For more on this article please see the attachment below.

Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||

Green card application for parents during tourist visa

2 years ago By Chief Editor

Question details

As per I-94, parents are admitted until 8th August 2022 for their B2 visa. We just sent the I-130/I-485 documents to USCIS.

Q1. What happens if there is no receipt generated till 7th August? Do parents have to leave the country?

Q2. If receipt is generated after they have left the country, what happens to the GC process?

Q3. If receipt is generated in time then what is the process to extend their stay or are they automatically eligible to stay till the GC process is completed?

FAQ Transcript

1. Your obligation is complete when the government physically receives your papers with the proper filing fees. After that, if they delay in creating the receipt it's really not your problem. As long as you can show that the papers were sent and received by the government.
2. The answer is No. Let's say that they did leave, then they’re I-130 would still go on but their I-485 would be abandoned and you would have to convert the case to consular processing.
3. They are automatically eligible to stay because once their I-485 is timely filed, they are considered to be an authorized period of stay. They cannot be illegal as long as the I-485 is pending.

Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling

2 years ago By Chief Editor

Question details

I entered USA on AP (EB3 EAD), I have a valid H1B I-797A till May 2024 I have approved EB2 I-140 I also have RFE on my EB3 I-140 (EAD and AP received on EB3 filing)
1) How can I get back on H-1B status without going for stamping?
2) Can I interfile my EB3 485 to EB2 485 with pending EB3 I-140

FAQ Transcript

Since you have already entered and resumed the same job you are still considered to be on H-1B. There is nothing to get back to.
Yes, you can. Although you have traveled on advance parole you should be able to file EB-2 interfiling.
For more information you can also visit my blog:
https://immigration.com/blogs/adjustment-status-transferring-basis-i-48…
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Visa Bulletin For July 2022

2 years ago By Chief Editor

Number 67
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during July for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.