Guestbook Entry for Samik Banerjee, United States
Name
Samik Banerjee
Country
United States
State
NJ
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Must we withdraw a PERM application if the employee is laid off?
Question details
I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?
Q2. Question from the employee, Mr. Smith:
If Mr. Smith filed an immigration benefit (e.g. visa, petition, change of status), does he need to answer YES / NO to the following question: "Has an immigrant petition ever been filed for you?" Basically: does submitting PERM/LC mean filing an immigrant petition? This question is often asked in application.
A1. I do not know of any law that requires an employer to withdraw a PERM application if an employee leaves or gets laid off, but the employer still retains a good faith intention to hire them back. When we first filed the PERM application, we filed it in good faith, asserting to the USDOL under penalty of perjury that:
You have enough funds available to pay the wage or salary offered the alien and you will be able to place the alien on the payroll on or before the date of the alien’s proposed entrance into the United States.
PERM times
Question details
I have applied perm under the category EB-3 on Dec-2008 and got a audit on June 2009 and replied the query in june 2009 itself.
I have 2 questions here:
1) Can I know the application status .Do i get any file number or something to check my status of this perm application applied under EB-3 category?
2) Requesting you to let me know the probable completion date of my PERM?
PERM times are on our web site. You cannot check the progress of the case, except through your employer. If they filed electronically, the application status should show where things are in terms of: pending, denied, approved only.
PERM Processing Dates - 1/31/2010
According to DOL updates as of 1/31/2010, they are working on PERM application filed in the following months:
Analyst Review: April 2009
Audits: December 2007
Standard Appeals: September 2007
Govt's Error Appeal: Current
Guestbook Entry for Arun, United States
Name
Arun
Country
United States
State
CA
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We engaged the services of Rajiv Khanna Law Offices in year 2006, the team we worked with is an excellent team, very crisp in the information giving or getting back, very knowledgeable, immediate response back to the clients, and the PERM process went very smooth and success. Very good and easy attorneys to deal with. Will luv to stay and do business.
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Christdoss
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MA
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GC processing service is a grueling process, but at Rajiv Khanna's office they handled very nicely and professionally even at difficult time. Though still my I-485 is not yet filed but on Labor and I-140 filing Rajiv's office shown their professionalism and my special thanks to Amrita, Mathew and Kumuda for their excellent service. I'll update more with how my I-485 filing goes in near future. So far with my experience I can give four stars. ****
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SubbuC
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Guestbook Entry for Akshay Shah , United States
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Akshay Shah
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United States
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Maryland
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Awesome work by Amrita & Seema. My PERM was approved in less than 3 weeks, without any issues.
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Himanshu
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Ohio
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Working with Rajiv, Amrita and Seema was great!!! The LCA was filed and was approved the same day.
Must we withdraw a PERM application if the employee is laid off?
Here is a set of questions posed to me recently by one of our clients:
I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?
The status is still in process now. I would like to know if this PERM LC still has any goods for him. Let me know the pros & cons between withdraw it and not withdraw it.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.