Search

Recording of Free Community Conference Call (Every Other Thursday), 23 February 2017

8 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 23 February 2017:
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.

PERM Processing Times (as of 1/31/2017)

8 years ago By Chief Editor

Green Card

PERM - Labor Certification

Immigration Law

Processing Times

Recording of Free Community Conference Call (Every Other Thursday), 2017, February 9

8 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.

Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.

Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

8 years ago By Chief Editor

Question details

My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).

1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018). 
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?

2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.

3) If my PERM is not approved before my current H-1B visa expires. 
Would I need to go back to India?

4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?

Watch Video on this FAQ: Extension of H-1 beyond six years, gap, in H-1, late in filing PERM, etc.

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Read more about Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

Guestbook Entry for Chris Alberti, United States

14 years ago By Anonymous (not verified)

Name

Chris Alberti

Country

United States

State

New York

Comment

My ETA form 9089 (PERM) has been certified in the record time of just 5(!) business days after it was filed by your office. Special credit goes to my case manager Ms. Richa Narang and also to Mr. Rajiv Khanna for their restless dedication, diligence, and hard work. You guys have shined by meticulously closing any possible gap there could have been in executing the filing documents. Your advise has been prompt and refreshing. it was always in plain English and right on point on the law without overcomplicating things. Your patience is unmatched. This overall impression echoes the experience I have made when we filed the h-1b for my wife who received her visa in less than a month after filing. I look forward to tackling the next stage (I-140) knowing that things will almost run on auto-pilot. Best wishes to your entire team for 2011. Thanks, Chris Alberti

EB-3 category

14 years ago By Chief Editor

Question details

I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?

It is possible, but the green card will have to be started again from PERM.

Read more about EB-3 category

Perm process during OPT

14 years ago By Chief Editor

Question details

I completed my master’s degree last summer and started working with a company from 2 months.
I am in OPT status right now and I wanted to know, if I am eligible to file for Green Card process with my current employer. If yes can I file in EB2? I have 2 years IT experience in India If no, do I have to wait until I get H1b. Is the Green card process dependent on H1B?

This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.

Read more about Perm process during OPT