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.
I am L2 visa holder and a physiotherapist from India. I also have SSN. Do I need to take the EAD or health care worker certificate to work in USA.Or simply credit evaluation and taking the licence is sufficient.
You need complete credentialing including a license.
My current employer is my first job out of college. They placed me in the other worker category. Is it true that they cannot move me to a skilled worker category becuase this is my first job out of college?
If the job requires a Bach. degree, you are entitled to the skilled worker/EB-3 category.
My daughter she's going to be 21 next year and she's an American citizen, can she sponsor me?
She can sponsor you for your green card upon turning 21.
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.
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.
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 .
I am in my final year of PhD (Semiconductor devices) at a university in US. I did my MS in the same university. I have around 5 first author publications. The jobs in my area typically require a PhD, so I was wondering what are my chances of getting green card under EB-2 category (right after I get a job in the industry)?
EB-2 chances look pretty good.
Can I petition my girlfriend once we get married in the philippines? What is the best way to petition her as soon as possible...
Yes you can. Normally, I prefer K-1 - marriage in USA route.
I needed more information On the k visa. My fiancé is recently in the country of Port-au-prince, Haiti. Additionally I wanted to know if I sign these paper's for him can I add his 5 year old daughter and his 21 year old cousin on the paper's. His cousin recently lost his mother and father during the earthquake. I'am an American citizen.
Daughter should be possible, cousin would not.
My immigration status is in pending for AOS. My spouse got recently the US citizenship. If she files for I-130 do I need to file for another I-485?
No. You should be able to use the same I-485.
I have done my Master's in computer science in US and I have 6 months experience before joining my current company. Will I be eligible for EB2 category?
If the job requires a Master's degree - yes.
I have MS in Electrical engineering with 3 yrs exp. The job requirement is for MS in Engineering + 2 yrs. Do I qualify for EB2?
Yes, you qualify for EB-2, unless the alternate requirements, if any, for the job are less than Bachelor's + 5 years exp.
My EB3 I-485 is pending with PD 06/2006. My company is willing to file the new EB2 as I have Indian equivalent Masters (3+3 years) and more experience as well as increased job responsibilities. Can I accept it and do the portability to get my EB3 PD? What is the minimum wage for EB2 category? Would my current company experience counts for new EB2 category? Any suggestions on the EB2 job responsibilities?
Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?
This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.
I am currently working for company A as a contractor via a preferred vendor Company B, and my employer is Company C. Now my client company (Company A)has offered me a permanent position with them, thus would there be any hassles while doing an H1B transfer to my client company(Company A) from my employer(Company C) due to the employer/employee relationship memo?
Working directly for the end-client eliminates the employer-employee issue usually.
My mom came in for a visit in Dec 2009, I applied for I-130 in Feb-10 for her and got approved, then she left to Canada to visit a friend and came back in May, I applied for an adjustment of status in June, and she has her interview this week. Does the fact that she reentered in June with the intent to apply for permanent residency because of the I-130 approval we got lead to denying her application.
If USCIS so wishes, they can certainly make an issue of it. But they tend to be much more tolerant of cases of immediate family like parents and spouse.
I have to apply the GC under EB2 category. I have done my B.Sc(CS - 3 yrs) + M.Sc (CS - 2yrs) and having 9 years experience with Tech Architect - Lead(leading 5-20 peoples) position at this moment. My M.Sc(CS) has evaluated as US MS for H1 visa approval. Will I eligible ?
If your BS and MS are in the same field and are related to your work, EB-2 should work.
I have Bachelor of Business Administration (3Yrs) and Higher Diploma in Software Engineering (2Yrs) and 10 Yrs of Experience in which 7.5 Yrs of experience in required job description. Will I be eligible for EB2 Category?
Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for EB-2.
I have a BE (4 yrs) from India and MS (2 yrs) from US and have 2 years work experience. I have to start my green card process in 2011 and I have good chances of promotion to senior engineer also next year.
1. Should I wait for the promotion before starting GC process in order to qualify for EB2?
2. My company has a requirement of BS+5yrs exp for senior level. Will BS+MS+2 yrs exp be equivalent?
3. Should the job description specifically state BS+5 yrs OR MS+2yrs, or either is fine?
You need to speak with your lawyers to decide on the timing of the filing. For EB-2 a requirement of minimum Master's degree or in the alternative Bach. + 5 years of post bach experience qualifies you for an EB-2.
My company has agreed to bring me and my wife to USA on L2 visa and then later get a H1 B visa. I want to make sure my parents have a B2 visa before I leave India. I have thought of two possible approaches:
a) Get a B2 visa for my parents but telling US consulate that I am traveling on business to USA and want my parent to visit the country. I used the same method for my wife 2 years back with no problems.
b) Get a L2/H1B visa for my self and then submit a request saying my parents want to visit the country for some time.
I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.
My boyfriend came into the USA legally with a work visa at the age of 18 but it expired and he stayed the next 5 years in the country illegally working as a waiter. We met a year ago and started dating and fell in love but he already had plans to move back to Brazil because he wanted to study and that wasn't possible here...and he left 3 months ago. Will we have issues applying for the K1 Visa since he was here for several years as an illegal immigrant?
It looks to me that he is subject to a 10-year bar from entering USA and would not get a K-1 visa. Please take an appointment with a lawyer and discuss your (only) option of getting a waiver.
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
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.