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
On Jan. 17, 2017, a new rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” amending DHS regulations went into effect. The regulatory amendments provide for the automatic extension of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days if the employee:
We won this case for the applicant utilizing nine strong recommendation letters from sources around the world which included field experts as well as industry.
Discussion Topics, Thursday, 3 November 2016:
FAQ: Impact on H-1 if converting to H-4 EAD; FAQ: TN work for multiple employers; Legal name change process in the USA.
Other: I-751 - removal proceedings NTA; Premium H-1 extension while H-1 amendment is pending; TN working concurrently on two jobs; TN applying for H-1, quota exemption; Impact on green card, I-140 if changing employers; Date of birth errors; F-1 reinstatement and H-1 pending at the same time; Change of status to TN; CSPA for consular processing; Priority date transfer; EB-2 PERM filing; L-1 stock ownership; Receiving bonus checks from end clients while working through H-1 employer; Refiling PERM if job has changed; Going to school if a green card is pending, etc.
FAQs: I-485 Pending Using EAD Consequences || H-4 EAD issues || FAQ: H-1B no notification of termination, 60 days grace period, etc. || Deadline to join new employer after H-1B transfer is approved ||
OTHER: DV lottery || Withdraw BALCA appeal, H-1B extension || H-4 EAD Starting business || Name error on I-140 || Green Card holding parents unable to travel || Traveling with existing L-2 visa || H-1B extension based upon pending green card || EB-1C priority date prediction || F-1 OPT withdrawing H-1B
Discussion Topics, Dec 3, 2020
FAQs:
H-1 Visa and Spouses H-4 EAD Expires at the Same Time - What are the extension options?
1) How long does I-485 EAD approval take?
2) Once spouse gets I-485 EAD , Is it ok if she starts working on I-485 EAD ? Does that impact my H1B status ?
3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.
4) If she get H4 EAD approval then she will have two EADs , Which one to use and how ? Is it ok to have two EADS ?
5) My wife's company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company applies her H1B , do we have to worry about anything related to Pending I-485 application?
Other Topics :
Trump's Immigration Order on Green Card Application for Parents || Furlough and Applying for Unemployment Benefits || Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother? || US Green Card Holder to be Married to a Canadian PR - Repercussions || EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order || Transfer of H-1B to a New Employer and Keep the Green Card Going || Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future || Occupation Column of Form G-325A Regarding I-485 || EB-2 to EB-3 Downgrading and 180 Day Requirement || H-1B Extension and Impact on Green card Processing when Dates are current || I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition
Discussion Topics, Dec 17 Community Call
FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus
Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview
Discussion Topics, Thursday, 04 March 2021:
FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job?
Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister
The following persons fall under this category:
https://www.immigration.com/blogs/new-standards-national-interest-waiver-dhanasar-case
FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.