PERM News July 15 2008 DOL Meeting
The attached PDF document contains information from DOL on PERM backlogs, program future and other pertinent matters. Enjoy. Regards to all. Rajiv.
The attached PDF document contains information from DOL on PERM backlogs, program future and other pertinent matters. Enjoy. Regards to all. Rajiv.
I am trying to take an appointment for my wife to renew her H-4 visa since the dates are available right now. She came here on H4, switched in between to F-1 (change of status) but did not leave US, then got the new approval for change of status to H4 (after we filed for green card) and wants to get it stamped now. There is a bit of confusion on the DS-156 form that I have to fill out.
If someone came to the US on a J1 visa with a residency requirement of two years and that person returns back to the home country and then would like to return to the US on an F1 visa to continue a master's degree, can a visa be issued before the residency requirement is completed and does the new F1 visa if given, get rid of the J1 residency requirement?
The two-year home residency requirement does not prohibit issuance of F-1 visa. That can be tried any time, even before the HRR is completed. Ultimately, F-1 visas are discretionary. But there is no law that prohibits their issuance in these circumstances.
Issuance of an F-1 does NOT waive the HRR. You will stay subject to it.
Here is another set of questions that may be of interest to you folks.
Facts from one of our clients
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
I normally do not answer questions about filling out forms. But in this case, one of our community members has raised issues that I think are generic enough to be generally applicable. I am posting this for all of you who run into a similar situation. Regards to all. Rajiv.
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Here is another question from one of our clients posted in our extranet forclients.com.
Qo. My Priority date became current as per August bulletin.
I and my wife are applied for I-485 on July 2007 (PF is done and got EAD and AP docs). At that time my son was in India and i could not apply for him.
Right now i am working on his I-485 paperwork and targeting to send his application to INS/Nebraska on August first itself (through your Law firm).
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Here is a question from our clients-only extranet.
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
I have received e-mails from folks about my 2009 articles on immigration law compliance and end-client letter issues in H-1B cases published by American Law Institute - American Bar Association. Here is the link:
http://www.immigration.com/articles-rajiv-s-khanna
We won a case for a Ph.D. in Organic Chemistry as an Outstanding Researcher. This applicant had over 22 years of research experience in the field and was a noted expert. We submitted documentary evidence to show his multiple patents and the commercialization of his patented work. We also provided extensive documentation to show his significant publication record and the multitude of citations resulting from his innovative and pioneering work. This applicant also qualified as a reviewer for several international scientific journals.
We won a case for a surgeon who had over 31 years of research, teaching and surgical experience. This applicant was highly qualified and known in the field to be one of the few that have reached the highest level of success. He was very well published with over 90 publications and authorship of a multitude of book chapters. We provided extensive documentary evidence to show that he was one of the premier surgeons in his expertise. This applicant was frequently called upon as an invited speaker and presented his work worldwide.
We won a case for a Materials Scientist who had over 11 years of research experience. His expertise was in the field of solar and hydrogen powered energy. We provided documentary evidence to show that his extensive list of publications was in prestigious international journals with high impact factors. We also showed that as a result of his innovative and pioneering work, he was invited to present his findings at a large number of conferences/workshops and symposia.
This applicant had over 5 years of industry experience and 8 years of research experience. He was offered a job with a private company conducting antennae and microwave engineering research. His unique skills set him apart from other researchers in the field and as a result he received several significant awards for his outstanding achievement. He also published for the prestigious society, IEEE.
We won this case following a Request for Evidence, which included requests for further documentary evidence to show that the grant awards received were considered "highly competitive" and awarded based on the applicant's outstanding achievements. We provided documentation to show that the applicant was featured in major media for his innovative work. We provided additional expert letters that reiterated the applicant truly stood out amongst his peers and more than qualified for the category.
To give you folks an idea of what gets through easily. We won a case for a chemist with over 14 years of teaching and research experience. This applicant was the author of over 63 peer-reviewed research publications and presented his work at 17 conferences and symposia. He was also invited to present at a multitude of seminars. This applicant authored 5 book chapters and technical proceedings. He qualified for the category based on his extensive publication record as well as his acting as a judge of others' work.
We won this case following a response to a Request for Evidence. Service requested further clarification on the "permanency" of the job offer, which was with a University. We submitted an official job offer letter as well as the copies of the university personnel manual and administrative handbook. Service had requested additional evidence to show "international reputation" of the applicant.