PERM Processing Times (as of 10/31/2022)
Processing Queue | Priority Date |
---|---|
Analyst Review | February 2022 |
Audit Review | December 2021 |
Reconsideration Request to the CO | May 2022 |
Processing Queue | Priority Date |
---|---|
Analyst Review | February 2022 |
Audit Review | December 2021 |
Reconsideration Request to the CO | May 2022 |
My H-1B maxout date is Jan 2023. Perm process started in Sept 2021 (prevailing wages). FOr the 7th year extension of H-1B, is the PERM priority date (Aug 2022 for me) considered or the date for when the PWD and recruitment was initiated.
When you actually file the PERM application (August 2022) you become eligible for a one year extension in August 2023 between January and August. You would not have a status to work unless you have some recapture time left. Needless to say if your PERM gets approved and your I-140 gets approved you can immediately.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Number 72
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
USCIS recently updated the following form(s):
Form I-131A, Application for Travel Document (Carrier Documentation)
Published in the December 2022 issue of ALI CLE’s The Practical Lawyer
This article is part of the continuing series of interviews between Rajiv S. Khanna, principal of The Law Offices of Rajiv S. Khanna, PC, (www.Immigration.Com), and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
I am currently on an H-1B visa and working remotely. My h1b petition has two addresses, home (VA) and office (PA). The office headquarters is in NJ.
My employer filled PWD in Mar2022 which got approved in Oct 2022. When I reached out to them for the next step, they mentioned that there were some issues with the previously filled PWD, so they had to refiled my PWD in Jul2022.
Based on my discussion, I came to know that they did not mention the main headquarters address, which is in NJ, and put the address of the PA office, which is in my h1b petition. They said because I am a remote employee, they are supposed to put the address of the headquarters.
Q1: Are we supposed to put the headquarters address when we file GC for a remote job?
Q2: Are we supposed to put the headquarters address when we file h1b for the remote job? Or is any office ok?
In my view if this job is remote it should be advertised nationally and you should put either the corporate headquarters or the principal place of business. You should not put an office where you are not going to work as this could be problematic. Make sure you have a conversation with your lawyers.
My last H-1B was recently revoked four months after receiving a Green Card and the company attorney says automatic revocation is a standard practice by USCIS not always followed. But most people I know did not have their H-1B revoked after Green card approval so I am a bit concerned why this happened to my case only.
There is absolutely no need to be concerned. This is by operation of law. But, just to keep matters orderly it is a good policy to send in a revocation notice and that should not be of any concern to you.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
My spouse is a dentist from India and converted to F-1 from H-4 on Sep 29, 2022. She pursued a few courses for MBA (non-stem) between March 2022 and Jun 2022. Now she is completing the remaining courses of her MBA on F-1 for the next 12 months.
My queries are-
1. Does she need to be on F-1 status for a min 365 days to be eligible for OPT?
2. If we ever need to change to H-4 status again (stamped till Aug 2024), can she travel to India and come back without F-1 stamping? or a COS application from F-1 to H-4 ( that may take 6 months) could be a better option for EAD application.
1. The 365 days requirement is not required. What you need is one academic year or two if there is a need to change to H-4.
2. If she has an H-4 stamping already there is no need to go to India. All she has to do is drive to Canada or Mexico and return showing her H-4 visa stamping.
Note: To be eligible to apply for OPT, you must:
I filed my I140 with 180 days after Perm is approved. But after that, the I140 is denied and my Perm is expired. Can I fresh file I140 again the my expired Perm. Thank you.
There may be a typo in your question. If the first I-140 was filed within 180 days of the PERM validity period, the second or subsequent I-140 can be filed outside the 180 days. No problem.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
We are looking to apply for an E2 visa being Canadian Citizens born in India. Seeking your advice on a couple of questions- we have pending F3 status immigration with a 2011 priority date, can the primary applicant on the E2 application be my wife, who is also the primary applicant on F3 immigration? Would you recommend going through consular processing or an adjustment of status for my wife, considering we have a pending immigration file?
In my opinion that can be done because the E-2 visa is kind of a dual intent visa. It allows you to have a green card pending as long as you have no intention to violate U.S immigration laws and you have the intention to go back to your home country if required.
1) How long does one have to wait in total if the company applied for PERM (EB2 - MS CS degree), and THEN Concurrently applied for I-140 (premium) and I-485 and the country of birth is UAE?
2) Can the above be done on an F-1 (OPT + STEM OPT) Visa instead of an H-1B? And any potential issues for F-1 in this case?
3) In this scenario, how would it work if the person also submits NIW in parallel with PERM?
My status changed from F-1 to H-1B status this year on Oct 01, 2022. Since I am now on an H-1B visa, I am planning to buy a house soon, before the end of this year, and my plan is also to rent out other rooms and maybe Airbnb in the future. I researched this is considered passive income and is legal but:
1. I was wondering if I can do the same by opening an LLC. Will this still be considered passive income?
2. Another question, since my status changed from F-1 to H-1 this year, for 2022 taxes, should I still fill out the 1040 NR form or not?
I really cannot tell you that there is a clear guidance from the USCIS on this issue. I would avoid this unless you are the adventurous kind. Just remember one thing: the fact that you were engaged in unauthorized or questionable employment or income generation is less damaging to you than lying about it.
I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.
1. Can her employer file for GC while she is on H4 EAD status?
2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?
3. Can she use my priority date to file an adjustment of status?
1. Absolutely
2. I doubt it.
3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.
I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:
1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?
2. If yes, is there a possibility that the employers might get to know about this?
3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.
When there is no connection between two companies, and they are not colluding to help somebody get an H-1B visa or increase their chances of getting selected in the H1B lottery, multiple companies can file. Interestingly, even different units within the same bigger company could file if they have a genuine need and not face any issues.
I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?
Sure. I don't see any problem for you, the employer should watch out for themselves.
Processing Queue | Priority Date |
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Analyst Review | June 2022 |
Audit Review | March 2022 |
Reconsideration Request to the CO | July 2022 |
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
Release Date
U.S. Citizenship and Immigration Services has published additional online resources on uscis.gov to provide an overview of some of the temporary and permanent pathways for noncitizen entrepreneurs to work in the United States. This guide also highlights some of the most important immigration-related considerations for entrepreneurs contemplating starting or managing a business in the United States.
New pages:
Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?
Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?
It can be done, but H-1B is not complicated that's absolutely straightforward.
I wanted to say thank you Law Offices of Rajiv S. Khanna, P.C. for helping us with EB1A based immigration. The professionalism, constant guidance, and experience in dealing with attorney Rajiv and senior paralegal Diane is just commendable. Based on our experience, Rajiv is an expert in US immigration and his fact-based insights are very helpful to make informed decision.
1. The best part is that the initial assessment is FREE of charge unlike many law firms. This will help any one to take a decision based on his initial consultation. 2. Once Attorney Rajiv ji advises to move forward, he will spend enough time along with Diane to gather, conduct in depth analysis, validates against the criteria of USCIS and provide honest advice in the interest of time and cost involved. 3. Diane has drafted the petition amazingly with minute details and corresponding evidence, honestly, we were very impressed with the detailed work.
Thank you so much for your constant guidance, professional updates to the petition and continued support through out the I-140 process.