PERM Processing Times (as of 07/10/2015)
Processing Queue |
Priority Dates |
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Month |
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Analyst Review |
December |
2014 |
Audit Review |
Processing Queue |
Priority Dates |
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Month |
Year |
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Analyst Review |
December |
2014 |
Audit Review |
DOl updates PERM Processing Times as of 07/10/2015. Please find the link below.
Friday, July 31, 2015, is the deadline for current Somalia Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from Sept. 18, 2015, through March 17, 2017. The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if you fail to re-register by this deadline, you may lose your TPS and your work authorization.
DACA recipients should be advised the three-year work permit recall only applies to SOME individuals who received a card after the February 16, 2015, court order.
By conveying the online request process to mobile devices, requesters can submit requests and check the status of existing requests anyplace, anytime. The mobile capabilities of the eFOIA app will greatly enhance the user experience, and provide convenience for the requester community.
Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
Due to changes in processing within the Vermont Service Center (VSC), Requests for Evidence (RFEs) issued by the VSC will no longer be printed on yellow stock paper, but as of July 6, 2015, will instead be printed on white paper. As always, this document needs to be returned to the VSC with any evidence submitted in response to the request.
National Effort Highlights Agency’s Free Citizenship Preparation Tools
My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. Can I do something for that? If they do not run payroll can it create any problem?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here.
Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.
Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.
I found Mr Khanna's office as very professional and prompt.
Mr. Khanna and staff were very prompt in responding to questions. Mr. Vijay & Ms. Nimia took special care in scrutinizing the papers and always went out of their way to get my papers processed in time.
I and my wife recently received our 485 approval notices in the mail. PD: August 21st, 1998 I-485 RD: August 5, 1999 FP: November 30, 1999 I-485 approval: February 28, 2000 Mr. Rajiv Khanna and his office helped us throughtout this process and provided expert guidance and timely advice whenever we needed such. Mr. Khanna was available at very short notice to answer any question and put us at ease many times throughtout this process. He is very much informed about the latest happenings in the field and uses this and his experience to perform the best possible service. I have been thoroughly satisfied with his office and commend their professionalism and honest approach of doing things. We would like to thank Suman Bhasin, Diane Lombardo, Leila Lehman, Fidelina Batista, Nimia Aranibar and Amel Barhe for their professionalism and hard work in getting us through this process. This would not have been possible without their help and support. Finally I would like to add that for anyone looking for a hard working, accessible, knowledgeable and trustworthy immigration lawyer, Rajiv Khanna and his office are a sure thing!
I just got the I-485 approval yesterday in the mail and Rajiv informed me about it through an email. I am writing this feedback to let people know of excellent and extremely professional job done by the law offices of Rajiv S. Khanna. (all dates given below.) Rajiv used the RIR process for my labor certification, getting the LCA in a very quick 3 months time period. I had to wait for my PD to become current to file the I-485. My dates. PD 7/97 RD 4/4/99 ND 4/22/99 FP 8/20/99 FBI processed it on 9/23/99 and approval 02/29/00 Thanks a lot to Rajiv and his associates. I am all praise for them. will gladly refer them to you anytime. Rahul Vyas.
Processing Time report has been released for NBC, VSC, TSC, NSC and CSC.
Please visit this link for more details.
http://www.immigration.com/uscis-service-center-processing-times
I have questions related to I-140 denial & refile.
My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:
1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?
2) How many times can we 'refile' I-140 on same PERM?
3) Can we do 'refile' under premium?
FAQ Transcript:
The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.
Now the answer to question 1: Yes.
The answer to question 2: No limit that I know of as long as it is done in good faith.
The answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
I recommend without reservation, the Law Offices of Rajiv S. Khanna, P.C., to handle your company's immigration processing needs. For over 8 years the Canton Group has relied upon Rajiv and his team to help us navigate the H1-B sponsorship process for new hires and current employees. Mr. Khanna's "expert" advise is always on point and his team is a pleasure to work with. I was particularly impressed with the thorough and timely support we received in preparing our submission. And the results were fantastic. In every case, our application was approved!! Special thanks to Fran for her help on the our recent submission. We look forward to working with you again in the future.