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 The CO appears to have agreed with us and has withdrawn denial and certified our case.
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)
FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son I-485 Green Card final interview process/questions asked, etc. Retaining valid H-1B status while AOS is pending and when to file Supplement J
1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
2) What are your thoughts about the timing of filing I-485 J? Upon job change, should it be filed proactively or wait for RFE Won't it delay the AOS adjudication if it's not filed proactively?
I do not think you should let your H-1B or even L-1 lapse just because you have a I-485 pending. There are times when things go wrong with the I-485. So it's such an easy thing to maintain your H-1B.
As far as the I-485 J is concerned, I personally feel that the Adjustment Of Status Supplement J should be filed as quickly as possible as it will give you an additional protection. More...
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.
Discussion Topics, Thursday, September 02, 2021
Processing Queue | Priority Date |
---|---|
Analyst Review | April 2021 |
Audit Review | October 2020 |
Reconsideration Request to the CO | April 2021 |
In this case, the petitioning green card holder filed forms I-130 and I-485 for her second husband, whom she had been married to for less than five years since obtaining her lawful permanent resident status based on her first marriage, which was to a U.S. citizen. That marriage ended in a divorce.
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
Discussion Topics, Thursday, September 30, 2021:
FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
I am in field A and have received my green card, still working with my sponsoring employer. I am contemplating a career change to field B that is totally unrelated to field A due to personal dissatisfaction with field A on the whole. Is there a safe time frame to do this without repercussions to my current green card and the naturalization process?
I personally think you should wait as long as you can and then change careers if that's what you want. There is no rule of thumb in these cases. Each case is unique. What is most important is that you should not have a preconceived intention. More...
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.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
Processing Queue | Priority Date |
---|---|
Analyst Review | May 2021 |
Audit Review | November 2020 |
Reconsideration Request to the CO | May 2021 |
Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?
2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?
3.If I-485 is denied, can we come back to H-1B again and do we have to refile I-485 again?
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.
Was just wondering if there could be any issues with my prospective PERM application if I am living and working remotely in Minneapolis (consistent with my H-1Blocation) and my employer in Dallas files the PERM application using Dallas as the work location. I am open to eventually relocating to Dallas, so just wondering if this could cause any delays or RFEs for the PERM. Do you think it would be a better option to file an H-1B amendment with Dallas as the work location, and then go through with the PERM or it doesn't matter?
It is not a problem as long as these two scenarios are followed. First of all you could be working in location X and the PERM is filed for location Y as long as you have the intention to join the location Y you can file even though you are currently working at location X.
The interesting thing is once the I-485 is filed and the I-140 is approved after 180 days of the I-485 you can choose to be wherever you want to be because you are allowed to port your green card. The only requirement is when you start the PERM. File the I-140 and the I- 485. Your intention throughout was to work at location Y but after 180 days if the intention changes it is absolutely no problem.
The second scenario which is very common is when you have consulting jobs and you could be moving from a month to a year with no predictability where you are going to be, it is normally recommended and legally allowed to file the PERM application as though your job is located in the corporate headquarters or principal place of business. More...
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.
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...
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.
Discussion Topics, Thursday, October 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
I have an approved I-140 from my old employer 'A' with a priority date from 2017. Now I am working for employer 'B'. I have a couple of questions about this:
i) Is it worth doing my PERM here through employer 'B' again if I plan to change jobs soon (maybe in a year or so)?
ii) Are there any benefits of doing the PERM now through employer 'B'?
iii) Or would you suggest doing the PERM with my next employer and not bother with the PERM through employer 'B'?
If you are likely to keep moving employers, you could hold off until you know where you will be working long term. You already have a priority date. The date is not likely to become current soon, although freak fluctuations do occur. It makes sense to wait to file PERM again once you are in a long-term position. More...
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 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