One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so.
I have been using the services of Law offices of Rajiv S.Khanna for my labor certification. The whole process was very smooth and thanks to the excellent coordination by Pramita Shidhore. Everyone was so prompt in answering my questions. I would strongly recommend the services of this firm, great job!
I was working with Mathew all along from labor to finish the green card process. They are very professional and very very helpful. I recommend to every body confidently to go to Rajiv S Khanna office for any immigration needs. I personally like Mathew the way he dealt and helped me answering every small concern.
They are awesome.
It‘s a great news to receive my green card finally on 06/29 after long waiting.
It took around 4+ years (LPD: 09/2002, EB3, I-485 08/2003).
I really appreciate every body’s time, help and patience from the Law offices of Mr. Rajiv Khanna.
My special thanks to Mr. Mathew Chako and Mr. Jitesh Malik who have been very helpful through out.
It’s my pleasure to work with such a great legal team and I truly recommend this firm to every body for their Immigration needs.
Looking forward to work with you.
This is great . I got my Labor certified within 6-7 working days. I would like to Thank Pramita Shidhore who was handling my case , for doing an excellent work and to keep me updated on the status. I use to get response to all my question almost immediately. I was confident when I decided to go through Rajiv Khanna for my GC process that every thing will flow smoothly and this confirms it. I highly recommend Mr.Khanna's office and staff for all immigration purposes.
The very next day , when my Labor was certified , I got call from Tarun Sharma whose Handling my I140 case, giving me all the details about I140 process and answering all my questions . This is really great , no waste of time and every things move very fast.
We got our GC approved on June 5th, 2007 and the cards were received within a week. The journey was long with several roadblocks. The expertise of Mathew Chacko did the trick. His commitment to excellence and above par communication always made me feel at ease. I knew a professional is handling the case. The fee was so reasonable. Our earlier attorneys were more interested in prepayments than service. Mathew's knowledge and expertise on immigration matters is remarkable. I would strongly recommend the services of this firm.
I had my first H1 petition and subsequent H1 renewal processed through the Law offices of Rajiv Khanna. I strongly recommend these folks for any immigration related issues as they go about the business in a very professional and sincere way. My case manager for H1 renewal was Mr. Chris Harman and I very much appreciate his quick responses and clarity in responses to multiple questions that I had posed. We are very thankful for all the help and have no doubt will come to your office for any immigration related matters. Please keep up the good work and the excellent website. Best regards.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
1. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.
Still, India. Your chargeability follows the place of birth, not your citizenship.
I got my labor, 140 and GC in less than 2 yrs. I really appreciate the timely help provided by Richa, Prerna and Mathew. And also like to thank all the legals who helped me at Rajiv Khannas firm. Thanks for keeping me updated on the status and answering my questions. I use to get response to all my question almost immediately. I highly recommend Mr.Khanna's office and staff for all immigration purposes. My special thanks to Mr. Mathew Chako and Prerna for all the help.
Thanks