PERM Processing Times (as of 07/10/2015)
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Analyst Review |
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2014 |
Audit Review |
Processing Queue |
Priority Dates |
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Analyst Review |
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2014 |
Audit Review |
DOl updates PERM Processing Times as of 07/10/2015. Please find the link below.
Friday, July 31, 2015, is the deadline for current Somalia Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from Sept. 18, 2015, through March 17, 2017. The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if you fail to re-register by this deadline, you may lose your TPS and your work authorization.
DACA recipients should be advised the three-year work permit recall only applies to SOME individuals who received a card after the February 16, 2015, court order.
By conveying the online request process to mobile devices, requesters can submit requests and check the status of existing requests anyplace, anytime. The mobile capabilities of the eFOIA app will greatly enhance the user experience, and provide convenience for the requester community.
Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
Folks,
We filed H1B/H4 and Green Card application through Rajiv's Office.
His team: Anna Baker, Richa Narang, Prerna Mehta, and Attorney Mathew were very helpful and diligent. They would answer our queries promptly. Moreover, Rajiv was on conference calls when my company had some questions about filing for Green Card. Our Company had good faith in Rajiv's ability to deal with immigration related matters.
Rajiv's team....Thanks a ton!!
Due to changes in processing within the Vermont Service Center (VSC), Requests for Evidence (RFEs) issued by the VSC will no longer be printed on yellow stock paper, but as of July 6, 2015, will instead be printed on white paper. As always, this document needs to be returned to the VSC with any evidence submitted in response to the request.
National Effort Highlights Agency’s Free Citizenship Preparation Tools
My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. Can I do something for that? If they do not run payroll can it create any problem?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here.
I have received inquiries on this type of email floating around. This is fraudulent. US govt. does NOT issue green cards based upon random email lottery. Please circulate this to all concerned.
--------------------------email---------------
U.S. Department of State
Bureau of Consular Affairs, National Visa Center
32 Rochester Ave. Portsmouth NH 03801-2909
Attention: Winner.
Our community member spring09 says:
Hi Rajiv,
Thanks in advance. I have an question and keeping me up during nights.
I am working on H1 with comp A, who has filed for my I-140 in Feb-08.
And I also have an Approved I-140 ( Jul'07), have filed for I-485 and also have EAD from company B. I have never used my EAD from comp B, nor have I worked for comp B.
Could there be any issues, which I should be prepared for? As I know it is legal to file for more than one I-140.
Thanks again.
As to possible issues, I can probably write a book. Generally speaking, you can have as many I-140's as you like as long each is motivated by a genuine desire to accept a job before or upon approval of the green card. As to your specific situation, consult your lawyers if they feel there is any problem. I hope this helps you sleep better.
I have just been accepted into a residency program here at a university. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. My I-140 is in process and I have responded to RFE on oct 16th and have not got any reply so far. Priority date is oct 2007. The residency starts in july
I think I can continue on H1B till my I-140 is pending and since my green card process is in the same department they have assured me that they will not withdraw my I-140 and that I’ll come back and work in the position of research associate after my residency(4years). Please let me know if this is legally possible as they have the intent to hire and I have the intent to join them when green card is approved.
Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.
Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.
Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction?
Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B.
Just trying to find out what the possible advantages would be at this time with EAD.
There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.
Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.
Here is a question from our clients-only extranet - forclients.com. I think this question is relevant for a lot of people.
Quote: I am currently on H1b status valid till may-2011 and have a valid EAD card, My I-485 is pending for over 180 days. My company has cut my position and may revoke my H1b. If I transfer my H1b to another company and then work on EAD. Will my H1b remain in the dormant status?
Ans. Yes.
Quote: If yes, can i switch back to my H1b if i wish to? and what would be the process?( go out of country to get stamped?)
Number 8
Volume IX
Washington, D.C.
(Article Reviewed on 26 June 2015)
What is AC21 Portability?
In the context of AOS (I-485), this is that provision of law which permits an employment-based AOS applicant whose I-485 has been pending for more than 180 days and whose I-140 has been approved to change jobs anywhere in USA to same or similar job describe in their green card application.
There is a lot to discuss, but I am focusing the answers to the questions I most frequently encounter. I will continually edit this blog note with additional information as we go long.
Here is the release from USCIS.
April 27, 2009
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated
number of filings for H-1B petitions for the fiscal year 2010 program.
USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated
65,000 cap. The agency continues to accept petitions subject to the general cap.
Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees;
I recommend without reservation, the Law Offices of Rajiv S. Khanna, P.C., to handle your company's immigration processing needs. For over 8 years the Canton Group has relied upon Rajiv and his team to help us navigate the H1-B sponsorship process for new hires and current employees. Mr. Khanna's "expert" advise is always on point and his team is a pleasure to work with. I was particularly impressed with the thorough and timely support we received in preparing our submission. And the results were fantastic. In every case, our application was approved!! Special thanks to Fran for her help on the our recent submission. We look forward to working with you again in the future.