Guestbook Entry for Vishalkumar Patel, United States
Name
Vishalkumar Patel
Country
United States
State
North Dakota
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Guestbook Entry for Anil Mathew, United States
Name
Anil Mathew
Country
United States
State
CA
Comment
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!
DOL Publishes PERM Round 12 FAQs
The Department has posted new Frequently Asked Questions (FAQs) addressing employer point of contact requirements. To view PERM Round 12 FAQs, please check attachment.
PERM Processing Dates - 9/30/2010
According to DOL updates as of 9/30/2010, they are working on PERM application filed in the following months.
Guestbook Entry for marilee cordero, United States
Name
marilee cordero
Country
United States
Comment
My H-1B visa extension and my children's H-4 too were denied due to my two former lawyers' lack of expertise on immigration matters.Then, my Labor certification was denied too. Two of my children eventually had to go home when they reached 21 because of this. I thought my youngest son and I were going to go home too,until my employer contacted Atty Khanna and his associates.They are the best because they were able to fix ad refile everything. We recently received our green card. Everything they did was so organized and very meticulous, making no mistakes.I would highly recommend them to anyone.
PERM application
Question details
My company said they filed the PERM application on June 30th. I asked them to send the status a month ago. The sent me a message saying that it has Prepared status in the application and the overall status as in process. Is it how it looks?
When we check status of electronically filed applications, it should say "In Process" when it is pending. That should be sufficient.
EB2 Schedule A question
Question details
My PERM application just got denied due to the recent layoff in my company. Can I apply EB2 (schedule A) to bypass the labor certification step? Will the recent PERM denial affect the Schedule A application? Is it ok to submit the schedule A application soon or I have to wait for a certain time period?
If you are qualified, you can apply for Schedule A. I cannot think of any way the PERM denial or layoffs could cause any issues and there should be no waiting to file.
PERM Processing Times (as of 11/30/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | December 2022 |
| Audit Review | August 2022 |
| Reconsideration Request to the CO | February 2023 |
Agency
Green Card
Immigration Law
Employee paying for green card and H-1B premium costs and Using an old H-1B visa stamp of a different employer
Question details
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
FAQ Transcript
Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.
"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