On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval process, NARA determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule.
I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager.<br>
1) Am I eligible for EB-1C (Multinational manager)?<br>
2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)?
3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C?<br>
4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?
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Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer.
AAO Processing Times as of October 1, 2014 |
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Form Number |
Case Type |
Time |
I-129CW | CNMI-Only Nonimmigrant Transitional Worker | Current |
I-129F |
Can a J-2 dependent (Canadian citizen) change to other working visa or have to change to H-4 when J-1 gets waiver and moves to H-1. Basically any hope for a spouse on J-2 to get work authorization (TN/H-1/investor visa) before the 3 year waiver is complete?
Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.
1) I recently submitted a PERM with company A which is wholly owned by a parent company B. Company B will soon absorb company A which will cease to exist as an independent company and will just become a new department within company B. How will my PERM be affected?
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2) If my PERM is audited and I don't want to go through the audit, will it be a good idea to change employers and submit a new PERM from scratch? What are the odds of being selected for an audit twice in a row?
It IS possible for your green card to remain unaffected even after the corporate change over.
U.S. Department of Labor, ETA-Office of Foreign Labor Certification Announcement:
USCIS issued a new policy (PA-2014-009) clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act (INA) to include gestational mothers using assisted reproductive technology regardless of whether they are the genetic mothers.
We have been working with Rajiv's office almost for 2 years, they provided excellent Professional Services. This Law office is higly recommended for H1B, PERM or any other Immigration related needs.
A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. For more details please see Matter of Ezra Kibichii BETT (Cite as 26 I&N Dec. 437 (BIA 2014) ) - Interim Decision #3818.
Can I just take over an existing business with the required investment and continue?
That depends upon how old the business is and how you wish to structure your ownership.
Last year my tourist visa was denied because the officer thought I may not come back. Now I am going for student visa. What effect will the tourist denial have on my student visa application?
When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student visa.
I got my wife's I-94 corrected (it had expired for 10 days) by going to the EWR airport office
which was my wife's port of entry.
They had also put an incorrect classification of WT on the I94
instead of an H4 and as such corrected it promptly.
I want to thank your law firm and also Mr. Khanna in particular
for his proper guidance to me in this delicate and urgent matter.
Thanks to Richa and Mohana, for your timely and well organised support, I got my PERM Labor Approved within 10 Days!!
I have a lot of experience with the immigration lawyers. This time with Rajiv's office is a WAY different (better) experience:
* immaculate filing preparation - this is not some sloppy paralegal preparing your docs with bunch of misspellings and inaccuracies;
* excellent communication - forget your voice-mails with no responses or the your attorney's email black-hole. Rajiv's teams are fast in response and their answers are clear and focused on what you need to know.
* deadline oriented - with Rajiv S. Khanna's office you KNOW the answer of all your when,where,why and hows....If they commit to date - that is your filing date.You never get nonsense excuses.
* respect - all we know that immigration process is not straigth forward and trivial process. Some times things can get bumpy and you may loose your patience. At this time you need moral support and respect no less then a legal help. Rajiv's team is there for you - your best friend and guide. Actually you become at some point member of the team.
* professional awareness - here I'm going to say just one thing and if you read this you'll understand what I'm talking about. This is the first attorney company that I'm working with and I DO NOT have the feeling that I'm more up to date with the immigration law changes and updates then my attorney.
I know at a time I sound like commercial ad, so let me put some names to my words.
My awes goes to the Mathew and Aruna team. Thank you for the excellent job done so far.
And here is my time-line:
PERM: FD: 8/11/2005 AD: 9/12/2005
EAD AD 10/4/2006
AP AD 10/4/2006
I140 AD 8/5/2006
I485 .. soon...
Khanna and his colleagues (Richa,Mohana) did a great job in getting my labor certifed with in 8 days,I like their personal interest in going through the documents very keenly to cover up pit holes,sending the drafts timely at each stage,followup and more over very honest in giving status about whatz going on with the case.
I can recommend anyone to blindly go ahead and trust this people.i feel blessed by knowing these folks and working with them.YOU WILL HAVE A PEACE OF MIND WORKING WITH THEM.
Thank you everyone in Mr.Khanna’s firm.
Law offices Of Rajiv S Khanna provides high quality professional services. They are very organized and have immense knowledge and experience to deal with immigration cases.
I would highly recommend them simply because they work as a well co-ordinated team to deliver services.
Special Thanks to Suman Bhasin, Richa Narang and Mohana Navran for their timely help, mammoth efforts and valuable legal advise.
Excellent quality service. Immediate e-mails response. Paperwork prepared very well. Mr Khanna is very knowledgeable attorney. Very good representation.
My sincere thanks to Rajiv Khanna and Amrita for their efforts in getting my PERM approved in a remarkable time frame.
My case was a bit complicated. Initially my PERM application got rejected three times over a four week period. The DOL was being quite vague about the reason stating that the alien does not qualify for the job.
However Mr. Khanna's expertise in this matter and dedication of Amrita got my application through, in the fourth attempt,
in a matter of three business days.
Mr.Khanna is very patient and helpful when it comes to dealing with employers. He spoke with my employer several times throughout the process, answered all the
queries that my employer had and helped him understand the perm process.
I really feel that Amrita put her heart in to my case. Amrita was extremely good about acting promptly on the rejection letters
from DOL. My Advertisements were expiring in 3 days from the day the fourth attempt was made. If she hadn't acted quickly i
probably wouldn't have had a chance.
I personally feel that Mr. Khanna's Law office pays close attention to details. They
are also very good about responding promptly to emails, phone calls and clarifying the smallest doubt you may have.
I strongly recommend their services.
Mr. Khanna is very knowledgeable. They are very prompt in replying to all the queries both from the clients and the USCIS. Mr. Khanna and his team knows how to put the application together and, if necessary, how to answer the queries and RFE's from USCIS. I am very satisfied and would recommend them for anyone's immigration/non-immigration related applications to USCIS. They are a fine group of immigration lawyers.
My first experience with Rajiv's Law firm..
Right from Day one the service was excellent.. Clear explanations in each step along the way. Very professional.
Follow up on each items were on right time.
Really happy with the way my PERM process was handled and would recommend to anyone. Couldn't ask more