BALCA Appeal Times (as of July 18, 2016)
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are being completed within the same month that they are received
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;
Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.
Processing Queue | Priority Date |
---|---|
Analyst Review | December 2021 |
Audit Review | September 2021 |
Reconsideration Request to the CO | February 2022 |
Discussion Topics:
FAQs: Experience & education requirements for a PERM/labor certification-based green card || Continuing work or reverting to STEM OPT during H-1B Change of Status || For PERM, can I use my master's degree completed after I joined?
1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low?
2. What could be decent experience & education requirements for a job to successfully get an employment-based green card.
3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new job and employer where my green card can be filed based on my current higher qualifications?
1. It will get rejected not because the requirements were low, but because the requirements were so basic that there were many applications for it.
2. It depends upon the job. Difficult to answer this.
3. Here again the question is not so much what your qualifications are but what the job requires.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
My master's degree was officially completed after joining my current company, but I had already earned 54 out of 57 total credits of my master's degree before joining this company. So, can I use this master's degree to satisfy job requirements for my GC sponsored by this company?
The answer is probably not for the same job for which you were hired. You cannot use your master's degree that you obtained after you joined as a software developer, but you could certainly use it for the next higher job.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.