Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
PERM Processing Times (as of 01/04/2016)
Processing Queue |
Discussion Topics, Thursday, 14 January 2016:
FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.
The physician group I'm talking with are looking to hire me on to work alongside them, and they would not actually pay me a direct salary. I would bill insurance for each patient seen, and the practice would take a certain percentage and give me the rest. Would this be allowed? Or do I have to actually receive a salary from the future employer? My understanding is that as long as the potential employer can show the ability to pay the prevailing wage via a business income tax return, that is all that is needed. Whether or not I actually get paid and how much I get paid once the green card is approved, is irrelevant, correct?
First of all generally speaking, for H-1 and for green card your salary cannot include terms that are variable. So for instance if you get a yearly bonus, but the bonus changes from year to year you cannot include that as a part of your salary. Salary cannot include per diem. A lot of companies and a lot of employees get stuck with a lot of problems because per diem is set up as part of the salary. Per diem is not salary. Benefits are not salary. So all three of these items are big problems when you talk about H-1 and green card salaries.
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Discussion Topics, Thursday, 28 January 2016:
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.
It was quick and no issues.
I want to thank Pramita, for her work accuracy and prompt communication, because of which i recieve LC Approval soon. I hope to complete other steps sooner.
thanks,
Rama Rao
I want to thank Pramita for her good work. I really appreciate the level of service you have provided to me during last 4 months of LC filing . I am also amazed with the fast and accurate quality of commucation provided to my all queries by you.
I hope I will continue to get same level of service for next steps from Rajiv Khnana law Office.
I have been using the services of The Law Office of Rajiv Khanna for a while now. Labor certification in my case was recently approved, following conversion to RIR. The window for conducting recruitment and preparing the package was small, only 4 months. In addition, I was away for a month on vacation during this time. However, with my employer's and Vijay's help, I was able to complete the recruitment process on time. Vijay was very patient and professional dealing with my employer and me, despite some delays at my end.
In spite of the fact that my case was closed mistakenly by backlog center, Rajiv Khanna's team were great in communicating with backlog center and was successful to reopen my case. Finally my labor got certified. My special thanks to Vijay and Mathew for working on my case and handling my frustration patiently, responding to me every time I had questions. Even when I had to consult Mr Rajiv Khanna, he was available to talk personally with no extra cost with his expert suggestions. I am really grateful to each and everyone at your office.
I honestly feel the fee we pay is nothing when you compare to the services we get from Rajiv Khanna’s office.
I sincerely suggest you folks better spend little more money and be in safe and experienced hands like Rajiv Khanna. Its all worth while. Immigration is a long and complicated process and you need expert suggestions all the way till the end and I don’t think anyone will handle better than this folks.
If you don’t believe me, Check yourself, you even get a free phone consultation from Mr Rajiv Khanna where as others charge you big time per hour….
Thanks again!
I am very much impressed with the professionalism of Richa Narang, one of Mr Khanna's staffers. She was very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I used the services of Mr Khanna's firm to file for Green Card through labor certification (EB2 Non-RIR) in Oct' 2003. In Jan' 2007 the Department of Labor came back asking us to convert non-RIR to a RIR application. Mr Khanna's firm supported me with documentation, news paper ad details and answers to lots of my queries. The RIR application was mailed on 03/29/2007 and I received a notice from US Department of Labor on 04/26/2007 that my labor has been Certified. I really appreciate the hard work put in my Richa Narang and her team. Hopefully the rest of GC process would be quick. I highly recommend Mr.Khanna's office and staff for all immigration purposes. Keep up the good work. Thanks
I would like to sincerely thank Rajiv S. Khanna and his team for doing a great job. I got my Perm Labor and I140 cleared in a very short period of time.
I would specially like to thank Mathew Chacko, Pramita Shidhore and Rita Dhakal who were very helpful to answer all my queries and the professionalism with which they handled my case.
Looking forward to filing my I485.
NPWC Processing Times (as of 12/08/2015
Great work by Law Offices of Rajiv S. Khanna team in regards to applying for my PERM process. They were very professional with time to time communication about the steps to be taken, documentation, follow-ups and updates in regards to the process. Appreciate all your support and wonderful job done. Thank you.