PERM Processing Times (as of 11/30/2021)
Processing Queue | Priority Date |
---|---|
Analyst Review | June 2021 |
Audit Review | February 2021 |
Reconsideration Request to the CO | June 2021 |
Processing Queue | Priority Date |
---|---|
Analyst Review | June 2021 |
Audit Review | February 2021 |
Reconsideration Request to the CO | June 2021 |
Discussion Topics, Thursday, December 09, 2021:
FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.
Links to useful resources for Visa processing times and status checks.
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We are usually called upon by I visa holders for consultations. Click here to consult us.
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?
There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
My question is that i have just entered USA on B1 /B2 visa on February 21 and sir now I am planning to stay here in USA...I am planning to carry on my further studies in Bridgeport university my arrival is for 3 months and I want to complete this procedure as soon as possible because I don't want to take the law in my hands
While it is permissible to change from one status to another from within U.S., it may not always be advisable.
Typically, when someone enters the U.S., supposedly for a short visit (e.g. B-1 or B-2) and then tries to change it to a longer term visa (F-1, L-1, H-1, etc.), USCIS often frowns upon it (and may not grant it), but the consulates invariably frown upon it. My recommendation in most of these cases is to avoid this type of change. If you have already obtained the change, it may be very difficult to procure a visa whenever you need to travel abroad.
1. I am curruntly on HIB Visa for the past 5yrs and 2 months (GC process started and 1-140 approved) working for a State Health Department.
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
Dear Rajiv, we are small business firm with few h1b workers. I have few questions that I would like to get your advise:
a) Do we need to file a separate labor petition whenever a h1b worker moves to an different project location?
My wife is on cap-exempt H1B working for a non-profit hospital. She got the offer from another non-profit community hospital but, their lawyer declined to file a H1B transfer with the reason that a new employer is not a cap-exempt employer because it's not affiliated with any higher education institution.
It's a very large community non-profit hospital but, no affiliation with any universities or research organization. Do you think, any chances here ?
Difficult to say what the chances are, but read on.
Note that sometimes the employer may not be exempt from the quota, but the job may be. In the last three months, we have processed three cases like this.
Two H-1 cases were for a for-profit employer who was subject to the quota. But the employees are working at a Federal Research Lab. So that jobs are being performed to assist the function of a quota-exempt entity. H-1 were approved.
I really appreciate ur efforts here.I had one question to ask u if u can answer humbly.I am a doctor from india and i had got a residency in internal medicine last year.I got my H1b visa stamped but coulnt go to usa coz of some reasons.So the hospital got my H1B visa legally cancelled.This year again i have got residency in another hospital and they r ready to sponsor my H1b visa.I wanted to ask u that will there be any problem from USCIS in processing my petition this time as my visa got cancelled last year.As i have not told this hospital about my visa cancellation last year will that be a problem.Will my petiton be processed in a routine way this time too by uscis.
It looks like your visa was not canceled, you just did not use it. Note two things. First, non-use of an earlier issued visa should not create any problems in the future. But second and much more important, you HAVE to tell the hospital that you had an H-1 earlier. As far as I know, there is a question on the H-1 forms that specifically asks that question. Not answering the questions on the forms truthfully can get you into trouble. Check the forms, if there is no question that asks about any earlier H-1, you are fine.
At the very outset I would like to appreciate your for the credible service you are doing by explaining the law in a very lucid manner to a common man. I have an issue where I need your help. I am on H1 B since Oct 1st 2008 and working with my employer at his site. Though he is paying me in cash and kind he is not running a payroll for me since the inception. Now if I want to move or transfer my H1 to a different company can I do that with out the paystubs. If so that is great news for me, if not what are the options I have.
Appreciate your help in this matter.
It is illegal for an employer to pay you in cash (or kind) and not deduct payroll taxes.
You can transfer. Ask CIS to "forgive" being out of status because this is not your fault. If you want to make your case stronger, file a complaint against the employer for non-payment of wages. Use this form:
http://www.dol.gov/whd/forms/wh-4.pdf
You can also contact the local WHD of DOL where you are:
http://www.dol.gov/whd/
I have a friend who is having L1 visa came USA two years before on L1 working in Company A. After coming USA he applied for H1 and got approved in 2008 October thru Company B. His status from L1 to H1 is also changed in Oct 2008. The candidate is still working in the company A (with L1 Visa).
1) How long he can work in Company B(with L1 visa)? (due to market down he is not getting job and may take time to get job on H1 Visa, to come out of the company A (L1)
What is the time limit to shift to H1 company from L1 company after change of status to H1 from L1.
2) Is there any impact in future (in H1 extensions or in Green Card process) if he continues to work in the same company A (with L1 Visa, even though his change of status is changed to H1 with new I-94 number)?
I think I have mentioned this in my blog earlier. Once the COS is approved and kicks in (October 1, 2008), he is NOT on L-1 hence the work on L-1 is illegal. This can have an impact on several things.
To correct matters, he must immediately reenter USA with an L-1 visa or apply for COS back to L-1.