PERM: Recruitment Updates from BALCA
In the Matter of Tanaka, 2010-PER-01060 (BALCA)
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Restart the green card under EB-2 category
Question details
My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.
People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.
DOL Updates Labor Certification Debarment List
The OFLC Program Debarments List has been updated.
Click attachment to view this list.
Criteria for national interest waiver || NIW for physical therapists
Question details
I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.
1. Can her employer file for GC while she is on H4 EAD status?
2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?
3. Can she use my priority date to file an adjustment of status?
FAQ Transcript
1. Absolutely
2. I doubt it.
3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.
PERM Processing Times (as of 03/09/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2022 |
| Audit Review | March 2022 |
| Reconsideration Request to the CO | July 2022 |
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Recording for March 23, 2023 Conference Call with Rajiv S. Khanna
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Nonimmigrant Visas
Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||