DOL gives PERM processing dates
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
I recently got my Green Card. I'm planning to look for a part time job in addition to my full time job to make some extra money. Is it Legal to do this on Green Card without breaking any laws ?
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.
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.
In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.
For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.
How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?
I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )
(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )
A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'
I am a US citizen. Can I sponsor my niece who is 8 years old and nephew who is 4?
It depends upon how we define the term "sponsor." If you mean can you apply for their green cards, the answer is no. If you mean can you provide an affidavit of support for them to visit or study in USA, the answer is yes.
I was stopped by a police once and received a traffic ticket.I paid the ticket in time but I was not aware that my license was suspended,since the suspension notice was sent to my old address which was never frwded back to me.I was stopped again few months later by police officer and he told me my license was suspended.I appeared in the court.I pleaded guilty,since I was driving w/out insurance.They dropped the "driving without a valid license" charge and fined me $100 for driving without insurance.BMV then suspended my license for 2nd time for 1 yr.Is this a problem filing N-40?
USCIS can question anything that has bearing upon good moral character.
When is the employer bound to pay the prevailing wages as determined for an LCA and if the applicant is already working in the sponsored position. I have an H1B which was renewed recently, but my LCA was filed in March of 2008. Hence there were three wage determinations that were done for me - First one at the time of the initial H1B filing, second one at the time of the Labor for PERM and third one for the renewal. So at what dates does the prevailing wage come into effect as they happen to be different every time.
The employer is obliged to pay you the H-1 renewal wage now and the PERM wage after you get the GC approval.
My green card got expired in nov 2007, I filled by mistake I-90, when I went for my biometrics, they saw that I filled the wrong application, I have to fill I 751, then I filled I 751, My rec number is EAC*********. I recently went through my biometrics again, in April 2009, but still, I do not have any proper response,when do you think i will get my GC?
In my view, failing to file an I-751 in a timely manner could cause serious problems. I think you should consult with a lawyer locally where you are.
My mother got her green card in dec08. She left for Asia in March08 and plans to return in Nov08. Since it will be 8 months that she will be out of USA, does she need re-entry permit?
There is some error in your facts. It appears she left in March 2009 (NOT 2008). You cannot file a reentry permit while she is outside USA. If she is outside USA for more than one year, the GC is deemed abandoned. If it is out more than 6 months, but less than 1 year, she can be asked to demonstrate that her permanent home is in USA.
Recenlty we submitted my NOID response for my 485. Today called USCIS customer service about my status of my 485.They said its PreAdjucated waiting for Visa number.But they mentioned I have 2 I-140s in my file
1.EB3 PD,2002
2.EB2 PD,2005.
They said which date first current then that 140 will use. I am not sure about EB3 140( i don't have any info about this 140).B'cos i filed my 485 with Eb2 140.My case is Ac-21 .So i wasn't with both employers now.
Is that above statement correct? Do i need to do anything now or just stay calm until either of EB category comes current? Please advice.
I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.
My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?
You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.
I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.
Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.
Note: Where transcribed from audio/video, 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.
I am an Indian born, Australian Citizen on a E3 visa. Does applying for a Green Card jeopardize my chances of getting E3 visa renewed in the future? My wife is on E3D visa and has EAD. She is working now and can her employer start GC process and will that jeopardize her E3D visa renewal and/or my E3 visa renewal? What is the best bet? Applying GC on my name or her name? Both are qualified educationally and both have jobs in the U.S
Applying for a green card should not be a problem for you or your wife. I always suggest filing two independent green cards where the option is available. This provides for a safety net if the process fails for one of the spouses.
For EB5 investment visa, can one of my relative living in USA gift me the $500K required to invest in a "targeted employment area"
I do not see why not. But check with a CPA about gift tax.
I am a college freshman student on an F-1 visa and am thinking about applying for green card, as I have also completed 2 years of HS in the US. Any idea how long the green card process may take and should I apply already for green card now in order to possibly get it by the time I graduate college?
The time frame for employment based green cards depends upon two things: your country of chargeability (usually the country you were born in) and the category of green card through which you apply: EB1, EB2, EB3.
I have a pen pal that is a citizen of Honduras. He would like to come to the US to visit me and our beautiful country. My question is this: if he obtains a 6 months B-2 visitors visa, then maybe half way through, he thinks he would like to move to the US and work here, could he apply for a green card during his 6 month stay. He has no family here in the US, just me, his friend.
That does not sound possible. Green cards to USA are granted based upon very limited basis. But, you should have your friend speak with a lawyer to see what options may exist.
I came to US in 2004, overstayed my J1 visa by 3 years and got married to a greencard holder in 2007. My I-130 was approved in 2008 . Is it possible to adjust status when my visa number becomes available. I have read on different sites that I'm not eligible since I have not maintained lawful status during my stay. Are there any loops?
Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.
My father's greencard will expire in June. How do we renew it?
Please visit this link.
http://www.immigration.com/agency_memo_policy_report/how-renew-a-green-card
I applied for GC through 245i. I currently have a valid EAD. I140 approved. and I485 pending. Its for future employment. Can I work for a non related (not related to my labour) until my 485 is approved?
Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.
I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.
Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?
Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?
Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?
Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?
Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?
Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse?
Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available?
Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?
Answer 1: EAD is usally processed within 90 days and AP within 3-6 months. You can check I-131 processing times from links on this page: http://www.immigration.com/processin...-status-checks
Answer 2: A visa stamp is NOT required. Proper status only is needed.