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.
On August 30, 2010, the U.S. District Court for the Eastern District of Pennsylvania in Comitè de Apoyo a los Trabajadores Agricolas (CATA) v. Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.) invalidated the Department's use of skill levels in establishing prevailing wages and the Department's reliance upon Occupational Employment Statistics (OES) data in lieu of Davis Bacon Act and Service Contract Act rates.
DHS Office of Immigration Statistics provides updated information on the cumulative naturalization rates and the timing of naturalization through 2008 of immigrants who obtained legal permanent resident status from 1973 through 1999.
Please check the attached document for detail information.
FOREIGN PRESS CENTER BRIEFING WITH JOHN WILCOCK,
DIVERSITY VISA PROGRAM OFFICER, BUREAU OF CONSULAR AFFAIRS
TOPIC: 2012 DIVERSITY VISA LOTTERY PROGRAM & REGISTRATION
THE WASHINGTON FOREIGN PRESS CENTER, WASHINGTON, D.C.
MONDAY, SEPTEMBER 27, 2010, 1:00 P.M. EDT
[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60846-60854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc10-116]
---------------------------------------
DEPARTMENT OF STATE
[Public Notice: 7184]
Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2012) Visa Program
AGENCY: Department of State.
ACTION: Notice.
---------------------------------------
USCIS released a user manual that provides guidance on E-Verify processes and outlines the rules and responsibilities for federal contractors.
I got the PERM application approved in 10/06/2010 and I applied on August 2nd week. It is really great to work with Rajiv Khanna & Mathew and they will guide us to the right way so that no mistakes are made in the complete process. I really feel that I am in good hands!
Attorney Khanna and his staff are very meticulous and posess the skills to handle anykind of roadblocks that come across during the process of immigration filing. I filed my permanent residency application under EB-1A category through them and got an approval. Diane was extremely helpful and diligent in answering questions and seeking appropriate information from me throught out the process. I was amazed how quickly she got acclimated to the research work i was doing and provided excellent guidance in obtaining required letters and other information. I am thankful to them for their efforts and highly recommend their services.
I did my BSc (3 years) in Computer Science From St Xaviers Mumbai. Then I did my MCA ( 3 years ) from REC Trichy. I have 7 years of work experience and all those years have been in IT industry.My company is going to file my GC for me. Am I eligible for EB2 category?
Yes, you are eligible for EB-2.
I am married to a U.S. born citizen we just got married, is there a problem if I apply for the visa right after marriage? Do I have to leave the U.S? How long will it take to receive the visa?
I see no reason to wait. Bear in mind, if consulate receives your I-130 approval, they will not issue a K-3. They will ask you to wait for your green card.
If you are from El Salvador, Honduras or Nicaragua and have successfully re-registered for TPS, you should be aware that new Employment Authorization Documents (EADs) may not be issued until early November 2010.
While awaiting your new EAD, you may provide your existing EAD as proof of employment authorization. You may also provide your employer with a copy of your country’s most recent Federal Register notice announcing the TPS 18-month extension and the 6-month auto-extension of EADs.
I am a British citizen with Canadian permenant residency. The US office of my company (I work out of the canadian office) wants me to move to the USA to work on a L1. My wife (canadian) and 2 children (canadian/british) would move with me.I am concerned about 2 things, the first being what happens if I leave the company or get laid off? It's a huge issue since we would have uprooted a good life in canada. Secondly I am not completely sure about the company. Its a new employer and they seem to be pressuring me to make the move. I am worried that they could simply lay me off whenever they want which would cause turmoil if we had to move back and start again.
I am not sure it is worth the risk, either. You have no right to continue to live in USA if the company fails or lays you off. You can negotiate a large severance package, but that is all the protection you can get.
I am a foreign dentist with US degree MHA, employed with a dental company as dental tech (DT) under H1B. In 5 months I was moved internally to a Clinical reserach coordinator position. However, my visa was still DT position even after 3 yrs but doing a totally different job. It is time to renew my H1B visa and again they have renewed H1b as DT since the company lawyer said it is risky to renew the H1B under another title as this may be subject to approval. Can this cause any problem for me? I want to apply for my greencard, but because of the title I am still under DT I fall under EB-3.
You have no choice. When the job changes substantially, you are REQUIRED by law to file an H-1 amendment. Any lawyer/employer who advises you differently is breaking the law.
"When I join Rajiv Khanna and speak to Amrita about green card process somehow i got feeling that I am in good hand for green card". It is really nice to work with Rajiv Khanna's Law Office and people who works there. Specially Amrita whom I am working with my green card process. She gives really good response, explanation on the phone and email and give enough time to discuss questions and issues that I have. She does conference with Rajiv Khanna when needed for discussion. I have got my PERM approved in this process. It is really nice experience while working with them. They go through case very deeply and discuss pros and cons with us so you get better picture. Thanks for all you do Vishalkumar Patel