Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
PERM Processing Times (as of 01/04/2016)
Processing Queue |
Discussion Topics, Thursday, 14 January 2016:
FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.
The physician group I'm talking with are looking to hire me on to work alongside them, and they would not actually pay me a direct salary. I would bill insurance for each patient seen, and the practice would take a certain percentage and give me the rest. Would this be allowed? Or do I have to actually receive a salary from the future employer? My understanding is that as long as the potential employer can show the ability to pay the prevailing wage via a business income tax return, that is all that is needed. Whether or not I actually get paid and how much I get paid once the green card is approved, is irrelevant, correct?
First of all generally speaking, for H-1 and for green card your salary cannot include terms that are variable. So for instance if you get a yearly bonus, but the bonus changes from year to year you cannot include that as a part of your salary. Salary cannot include per diem. A lot of companies and a lot of employees get stuck with a lot of problems because per diem is set up as part of the salary. Per diem is not salary. Benefits are not salary. So all three of these items are big problems when you talk about H-1 and green card salaries.
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Discussion Topics, Thursday, 28 January 2016:
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
I have a priorty date(PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?
You do have to start the green card all over again, but your PD is yours to take with you to the new job.
My employer has being try to file labor for the last 2 years and finally decided filing as Finance major would be risky & decided to go with engineering specialization.Two major issues:
- I have 4 months remaining for 365 day deadline (H1B with time captured outside US would be Dec '11)
- My employer is asking me to go on F1 staus to freeze the time on H1.Two questions:
Is 4 months enough time for me to find a new employer & ask them to file for labor? Is it legal for me to work on F1?
It could take a bit longer than 4 months to file. You can work on F- 1 if the school allows Curricular Practical Training.
My Perm is filed in October 2008 under EB3 and was audited. As per your current dates, guessing it might be approved in October 2010.
1. I would like to know if I can file I-140 under EB2 as I got my work experience eligible for EB2 category.
2. If I change employer before my PERM approval, will my priority date change? If so, to retain Oct'08 date, till what time, I can be with my employer?
3. Once I-140 is approved, can I change employer or stay for 6 months and then change employer so that my priority date will retain oct'08?
1. No. PERM application determines what your category is.
2. If your I-140 is not approved, you cannot carry your PD to a new employer.
3. Once approved, you can carry your PD, even if you leave earlier than six months. You do have to start your green card process all over again.
If a company is willing to sponsor green cards for a number of valuable employees, currently working with temporary worker visas, does it reduce the chances of success? (like applying to 4 to 5 employees simultaneously)
Generally speaking, as long as the jobs are genuine and the employer has the ability to pay, the number is irrelevant.
I came to the United States by an H1B visa. The H1 visa was filed through my company's attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company's attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer's hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!
I was in my fifth year in USA without starting my LC process. Since it was a critical stage for me, I asked my company and Mr. Khanna to file PERM LC for me ASAP. My contact person, Seema, helped me a lot in preparing the case in a speedy manner and also answered all my questions promptly. Its a very good feeling when you work with nice and professional people. Today after three months of filing my case I received a "Congratulations" email from Seema that my LC got approved. Still have a long way to go but sure its a good start.
NPWC Processing Times (as of 12/08/2015
Great work by Law Offices of Rajiv S. Khanna team in regards to applying for my PERM process. They were very professional with time to time communication about the steps to be taken, documentation, follow-ups and updates in regards to the process. Appreciate all your support and wonderful job done. Thank you.