PERM Processing Times (as of 10/05/2015)
PERM Processing Times (as of 10/05/2015)
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Changing employers - what immigration documents should I keep
Question details
Currently on my H-1B post 6-year based on approval of PERM and I 140 under EB - 2. Would be In the process of switching jobs for some personal / professional reasons very soon.<br>
1) What documents would I need to have with myself - corresponding to PERM and I-140 - so that I can retain my priority date and start another green card process with a potential new employer ?
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2) For the documents above - would I need to have the originals or the photocopies ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
For PERM is formal certificate required or completion of degree is enough
Question details
1. I am on H-1B with my I-140 approved in EB-3 with priority date is Sep 2013. I have 12+ years experience in the field. I am getting an opportunity from a company. They are ready to start my green card process.
I have just completed my master degree(MCA) from India. Waiting for my degree certificate, which would take a month or two.
<br>2. Can my new employer do the H-1B transfer now based on my BSc degree (Computer Science) and once I get the master degree certificate, can they start the green card process in EB-2? Or do I need to wait for my master degree certificate before the H-1B transfer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Recording of Free Community Conference Call (Every Other Thursday), 29 October 2015
Immigration.com
Citizenship and Naturalization
Green Card
Substantial transcription for video
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
Guestbook Entry for Soni, United States
Name
Soni
Country
United States
State
New jersey
Guidelines for 7th year extension
Question details
I could not find any guidelines for 7th year extension with the DOL PERM Program. In the six month period - less than 365 days but more than 180 days from the expiry of the six-year limit on my H1B, my company started the PERM process. In that six month period we got an approved I-140 and filed for Adjustment of Status. Would I qualify for 7th year extension ? Please note that I am a citizen of India and I thought there was also a provision for "Per Country Limit".
If you have an I-140 approval and your PD is backed up, you are entitled to a three-year H-1 extension beyond six years. It does not matter when your PERM was filed.
PERM Audit
Question details
My perm application filed on July 2010 and got audit on September 2010. My employer sent audit response on October 2010. When I asked my employer how much time I would take then he said that now a days USCIS response within 3-4 months for new cases. How long does a PERM audit take?
The PERM audit can take a lot of time. I just checked with one of our case managers. They tell me that they have no figures for the time it takes between start and end of an audit, but the total decision life cycle (from filing to decision) of an audited case is 2 - 2.5 years.
Can EB3 PD be carried to new EB2?
Question details
I filed Perm under EB3 category on 1-Oct-2008. I got an audit. As per your current Perm dates, they are processing Aug'08 audits. Can I file with same employer under EB2? If yes, can I also keep EB3 file running parallelly. Is there a way for me to carry EB3 PD after I-140 Approval,if I file a new EB2? I completed 4yrs 2 months on H1B already. Please suggest me if I can change my employer now to file for EB2 or not. (If there is any way i can carry my EB3 PD for EB2 or not?). My lawyer said they can not change the current EB3 file to EB2 as they did not describe it for EB2 role.
It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.
Guestbook Entry for RR, United States
Name
RR
Country
United States
State
Viginia
Comment
I am very happy to inform that I have received my PERM Labor Certification within six weeks of applying for it. This was, of course, preceded by extensive preparatory work, which is very important. I wish to thank the Law Offices of Rajiv S. Khanna for their competent consultation and filing. Both Mr Khanna and Ms Richa Narang, who has been assigned my case, have been very helpful, providing the right advice from time to time.With a large number of immigration attorneys in the market, the situation can be confusing for a prospective green card applicant. I think it is our good fortune that we contacted Mr. Khanna's Law Office. This was by sheer chance while browsing the internet. It has worked out very well. I am hopeful and confident that with the expertise, professionalism and continued assistance of Mr Khanna and his dedicated team, the next stages of the process will be smooth and successful.Thanks once again Rajiv and Richa .
Guestbook Entry for Sanjeev, United States
Name
Sanjeev
Country
United States
Comment
I want to thank Mr. Rajiv Khanna and his team for taking care for my perm application and getting it done very professionally. I was in a bad situation were my previous perm was denied due to grave mistakes committed by previous lawyer. This is a huge relief for me and am very hopefull that further processes will be smooth as well. thanks, Sanjeev
Job Change after I-140
Question details
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?
It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.
Debarment for not responding to PERM audit
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
I would like to thank Mr. Khanna and his PROFESSIONAL team FOR help with my labor CERTIFICATION. I really appreciate the service I got from your office. I would especially like to thank Richa who was very helpful, thorough, prompt, diligent and very professional. Mr. Khanna was very detail oriented and pointed out at the smallest issues. I was amazed when I was told how many people review the case before it’s submitted. Due to this thorough work I got my labor approved in less than a month. I apologize to all who I have not named here for all the hard work they put in. I would recommend thEm to all my friends and family.