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.
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.
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
My pleasant experience in summary and in little detail.
Summary:
People at Law Offices of Rajiv S. Khanna are highly professional, very much detail oriented, easy to work with, very prompt and very nice people. They are always available and will stand up for you when required. This will be a very rare combination to find. They always prepare very convincing case and review the case in detail. I always believed that if my case is accepted by Mr. Rajiv, Mr. Mathew and Co, it will be very hard for anyone to reject the case.
Little in detail:
It all started in October 2005. My company asked me to find a lawyer to represent me for my GC process. I have a good friend/family that got GC thru immigration.com (Mr. Rajiv Khanna handled his case. My friend assured me that Mr. Rajiv would go above and beyond to meet client's needs.). He referred us to immigration.com. I sent a mail to immigration.com. Mr. Suman has contacted me. When my HR wanted to talk to a lawyer, he referred us to Mr. Mathew Chacko. Mr. Mathew explained the process in detail. He was very descriptive and communicated everything very well to us. He is always patience even during his busy days such as 2007 July-Aug crazy time when everything became current. I am fortunate enough to get quick e-mail replies every time. When I had thoughts about Consular Processing, he explained to me all about consular processing and why one should opt for it or should not opt for it. His review on my I-485 are very much helpful.
One of the most memorable moments is this: my wife attended an interview in a company and they had hesitation about hiring her without Green Card. They always thought that the company has to sponsor her GC at some point in time and they were not ready for it. I told them it is not the case since she is a derivative applicant in my GC. They were not ready to buy it. They wanted to talk to my lawyer. When I requested Mr. Mathew, he was ready to talk and convince them. I am not sure if all the lawyers would do this kind of stuff. Thank you very much Mr. Mathew.
Another important player during my GC process is Ms. Richa Narang. She has done an incredible job of completing my PERM application on time that once I thought would nearly be impossible. Considering that we started our process very late in my 5th year, it is highly remarkable. We completed 6 days before my 5th year expired. She went thru the documents over and over, and helped preparing a very convincing case. I am highly impressed with her patience and prompt replies. She is easy to work with. She always let me know what she was doing for my case and why it is done this way. That gives me an idea about what is really going on with my case.
This is in contast with my previous attorney in my previous company. Thank you Ms. Richa.
I have not worked directly with Mr. Rajiv Khanna. But my case manager Ms. Richa was working with him for my PERM. He is a REAL expert in what he does. Mr. Rajiv really built a very strong case for my PERM. His inputs are priceless. I attended his conference call during July/August 2007 when USCIS opened and closed the door briefly. It provided lot of valuable information to me and to lot of immigrants that were eagerly waiting to apply for I-485. It is really a great gesture towards the people that were waiting to apply for I-485 during that time.
Thank you Mr. Rajiv
Others that helped me are Ms. Mohana, Ms. Prena etc. They are all very nice and easy to work with. They made sure my case was built in a convincing manner.
I will definitely comeback to Law Offices of Rajiv S. Khanna for my future immigration needs.
I have referred two of my friends to Immigration.Com so far. They all like the service. Please feel free to contact me. I will be happy to answer any questions about my experience.
Got my LCA approved within a few months thanks to the untiring efforts of Mr. Vijay Durgam, my case manager and Mr. Rajiv Khanna. Thank you.
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.