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Guestbook Entry for Sami, United States
Guestbook Entry for Rajesh Patidar, United States
Recording for February 23, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
PERM Processing Times (as of 1/31/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2022 |
| Audit Review | March 2022 |
| Reconsideration Request to the CO | June 2022 |
Agency
Green Card
Immigration Law
EB2 approval after EB3 on the same labor certification
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.