This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
1.1.5 WE MUST act honestly and in good faith
1.1.6 There are three steps: PERM, I-140, and I-485 OR consular processing
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
One of the biggest problems in transactions with the USCIS is uncertainty and inconsistency.
Here is a commonly encountered situation for AOS applicants (I-485 pending) from our clients-only extranet:
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.
September 9, 2022:
Important FAQ from the USCIS about what to expect during this fiscal year #immigration
https://www.immigration.com/blogs/fiscal-year-2023-employment-based-adj…
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