I got the PERM application approved in 10/06/2010 and I applied on August 2nd week. It is really great to work with Rajiv Khanna & Mathew and they will guide us to the right way so that no mistakes are made in the complete process. I really feel that I am in good hands!
The Department has posted new Frequently Asked Questions (FAQs) addressing employer point of contact requirements. To view PERM Round 12 FAQs, please check attachment.
According to DOL updates as of 9/30/2010, they are working on PERM application filed in the following months.
My H-1B visa extension and my children's H-4 too were denied due to my two former lawyers' lack of expertise on immigration matters.Then, my Labor certification was denied too. Two of my children eventually had to go home when they reached 21 because of this. I thought my youngest son and I were going to go home too,until my employer contacted Atty Khanna and his associates.They are the best because they were able to fix ad refile everything. We recently received our green card. Everything they did was so organized and very meticulous, making no mistakes.I would highly recommend them to anyone.
My company said they filed the PERM application on June 30th. I asked them to send the status a month ago. The sent me a message saying that it has Prepared status in the application and the overall status as in process. Is it how it looks?
When we check status of electronically filed applications, it should say "In Process" when it is pending. That should be sufficient.
My PERM application just got denied due to the recent layoff in my company. Can I apply EB2 (schedule A) to bypass the labor certification step? Will the recent PERM denial affect the Schedule A application? Is it ok to submit the schedule A application soon or I have to wait for a certain time period?
If you are qualified, you can apply for Schedule A. I cannot think of any way the PERM denial or layoffs could cause any issues and there should be no waiting to file.
I am currently employed on a H1B visa ( 7th yr extension). My employer had applied for Labor back in Jan 2009 but it hasn’t yet been approved. my employer now intends to terminate my employment by the end of the year ( lay offs/ I could quit voluntarily ) Can they still file for a I-140 ( based on a future job offer)? I would like to maintain my priority date. Also can a prospective employer file for a H1B extension based on a pending/approved labor after I no longer work for the current firm?
Both things are possible as long as the I-140 is filed in good faith. I have doubts about the I-140 approval if the job ceases to exist even temporarily.
I would like to thank Mr. Khanna and his PROFESSIONAL team FOR help with my labor CERTIFICATION. I really appreciate the service I got from your office. I would especially like to thank Richa who was very helpful, thorough, prompt, diligent and very professional. Mr. Khanna was very detail oriented and pointed out at the smallest issues. I was amazed when I was told how many people review the case before it’s submitted. Due to this thorough work I got my labor approved in less than a month. I apologize to all who I have not named here for all the hard work they put in. I would recommend thEm to all my friends and family.
I could not find any guidelines for 7th year extension with the DOL PERM Program. In the six month period - less than 365 days but more than 180 days from the expiry of the six-year limit on my H1B, my company started the PERM process. In that six month period we got an approved I-140 and filed for Adjustment of Status. Would I qualify for 7th year extension ? Please note that I am a citizen of India and I thought there was also a provision for "Per Country Limit".
If you have an I-140 approval and your PD is backed up, you are entitled to a three-year H-1 extension beyond six years. It does not matter when your PERM was filed.
My perm application filed on July 2010 and got audit on September 2010. My employer sent audit response on October 2010. When I asked my employer how much time I would take then he said that now a days USCIS response within 3-4 months for new cases. How long does a PERM audit take?
The PERM audit can take a lot of time. I just checked with one of our case managers. They tell me that they have no figures for the time it takes between start and end of an audit, but the total decision life cycle (from filing to decision) of an audited case is 2 - 2.5 years.
I filed Perm under EB3 category on 1-Oct-2008. I got an audit. As per your current Perm dates, they are processing Aug'08 audits. Can I file with same employer under EB2? If yes, can I also keep EB3 file running parallelly. Is there a way for me to carry EB3 PD after I-140 Approval,if I file a new EB2? I completed 4yrs 2 months on H1B already. Please suggest me if I can change my employer now to file for EB2 or not. (If there is any way i can carry my EB3 PD for EB2 or not?). My lawyer said they can not change the current EB3 file to EB2 as they did not describe it for EB2 role.
It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.
I am very happy to inform that I have received my PERM Labor Certification within six weeks of applying for it. This was, of course, preceded by extensive preparatory work, which is very important. I wish to thank the Law Offices of Rajiv S. Khanna for their competent consultation and filing. Both Mr Khanna and Ms Richa Narang, who has been assigned my case, have been very helpful, providing the right advice from time to time.With a large number of immigration attorneys in the market, the situation can be confusing for a prospective green card applicant. I think it is our good fortune that we contacted Mr. Khanna's Law Office. This was by sheer chance while browsing the internet. It has worked out very well. I am hopeful and confident that with the expertise, professionalism and continued assistance of Mr Khanna and his dedicated team, the next stages of the process will be smooth and successful.Thanks once again Rajiv and Richa .
Rajiv, Suman helped and encouraged me when my 140 was denied even after filing the amendment to treat it EB-3 . They were very prompt, knowledgeable and helping . I strongly recommend Mr Rajiv Khanna for any immigration related work
Rajiv Khanna's office is handling my Green Card process and in general, his entire team is very responsive and provide a good support. I received an RFE on my I140 petition, with very peculiar queries. Sheena Gill took the responsibility of compiling the response for the RFE. She did a great job in following up and compiling the evidences and gave me very good suggestions. She was prompt in responding and provided necessary information to me to take the appropriate steps. It has been great to work with her. Her dedication, effort she expends are great. Great Team.
I want to thank Mr. Rajiv Khanna and his team for taking care for my perm application and getting it done very professionally. I was in a bad situation were my previous perm was denied due to grave mistakes committed by previous lawyer. This is a huge relief for me and am very hopefull that further processes will be smooth as well. thanks, Sanjeev
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?
It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.
Can I change jobs and file PERM and I-140 under EB2 instead prior EB3 with the new employer. How risky the situation is? I can stay with my current employer, but it is going to take at another 3 years to get my GC under EB3. My PD is Feb 2007.
In a case decided yesterday, we had filed an appeal to BALCA against a PERM denial by the Certifying Officer (“CO”). The ground for denial was that the Job Order did not provide the exact salary offered to the foreign worker. We showed in our appeal that the fault lay with the Job Order form of the State Workforce Agency. The form did not permit us to enter the higher end of the wage range for our job, where we had offered a wage range instead of an exact figure. The CO appears to have agreed with us and has withdrawn denial and certified our case.
Mr.Rajiv Khanna and his team are handling my GC process. I interacted with Rita Dhakal for entire GC process; My Labor and I140 are approved without a issue. I also applied EAD cards renewal (Mr. Khanna Office reminded me) for my wife and me. They were submitted for approval. By looking at the entire process and Mr. Khanna team, I always feel I am getting the best service. Rita is very cooperative, faster response and great knowledge.
I always recommend my friends to Mr. Khanna team.
Dear Rajiv and Vijay, I would like to thank you and your entire staff for great job plowing through many emails/teleconferences/phone calls and documents. As someone who pays extra attention to detail, it is refreshing to find others working with the same diligence. Without getting into the cobwebs of my case, Mr. Khanna was introduced to a new law that affected my case. Rather than bypassing it, we tackled it head on; it did take additional time for both the lawyers and myself, however the LCA was approved. With such a stressful and time consuming process, Mr. Khanna and his staff, can give their clients not only the knowledge to move forward, but also peace of mind! H1/LCA (now I-140 and I-485)
My situation. I work for company A
1. My 6th yr H1-B ends in Dec 2011
2. Labor approved (PD May 2010) and I-140 (applied Sep 2010) pending - EB3
3. Once my I-140 gets approved (hopefully) my lawyer's plan to apply for a 3 yrs extension some time next year (Till Dec 2014).
After/If I do get my extension for 3yrs with my company A, then Can I change my job to company B in 2012(who is willing to do my labor and I-140 again).
An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.
I'd like to thank from the bottom of my heart, Mr. Khanna and his staff Ms. Sheena Gill, for their prompt support and advise and attention to details in my I-140 RFE response and making it possible for me to get through it. I could not imagine how my case would have turned out, without their involvement and timely advise in my case.
Thanks again for all the support and making this happen.
"When I join Rajiv Khanna and speak to Amrita about green card process somehow i got feeling that I am in good hand for green card". It is really nice to work with Rajiv Khanna's Law Office and people who works there. Specially Amrita whom I am working with my green card process. She gives really good response, explanation on the phone and email and give enough time to discuss questions and issues that I have. She does conference with Rajiv Khanna when needed for discussion. I have got my PERM approved in this process. It is really nice experience while working with them. They go through case very deeply and discuss pros and cons with us so you get better picture. Thanks for all you do Vishalkumar Patel