NPWC Processing Times (as of 05/22/2014)
Processing Queue | Request Date | Status* |
---|---|---|
H-1B | April - 2014 | Current |
H-2B | May - 2014 | Current |
PERM | April - 2014 | Current |
Submission Date | ||
Redeterminations | H-2B April - 2014 |
Processing Queue | Request Date | Status* |
---|---|---|
H-1B | April - 2014 | Current |
H-2B | May - 2014 | Current |
PERM | April - 2014 | Current |
Submission Date | ||
Redeterminations | H-2B April - 2014 |
We represented a client and her minor child. They had filed their I-485 applications as derivative applicants. Two months after the I-485 filing, the primary applicant, her husband died in a tragic accident. USCIS requested biometrics for all applicants, but she did not appear because she was informed that her I-485 application would not survive the death of the primary applicant. We filed a motion to reopen the case, showing that the applicant was and is legally entitled to survivor benefits under the Immigration and Nationality Act.
The Office of Foreign Labor Certification has posted an updated program factsheet containing the Quarter 3 FY 2014 selected statistics for the Prevailing Wage Determination Program, reflecting the correct number of Prevailing wage determinations FYTD. Reports are derived from program data as of 6/30/2014. The updated program factsheets may also be found on OFLC's Performance Data page.
When should an employer mark "yes" when responding to the Question C.9: "is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and incorporators?"
If there is a familial relationship between the owners, stockholders, partners, corporate officers, or incorporators, and the alien, the employer must be able to demonstrate the existence of a bona fide job opportunity, i.e., the job is available to U.S. workers. 20 C.F.R. 656.17(l). In order to provide the Certifying Officer (CO) the opportunity to evaluate whether the job opportunity has been and is clearly open to qualified U.S.
This quick guide is intended for Employers, Attorneys and Agents and their representatives using the PERM system. To enhance PERM Online System security OFLC has upgraded the Account Management features to be consistent with DOL and Federal Government standards. This guide is a quick overview of the account management changes.
Please click the attached guide to learn more.
My current employer is failing the GC. Below is the job requirement. My total experience is with the current employer only (2.5 years in INDIA+4.5 years in USA)<br>
Job requirement:<br>
Education: Master’s degree, or equiv., in computer information systems or related field
Experience: At least 1 year in position offered or in design defect fixes/enhancements
I have US equivalent Master degree. My attorney said for the experience, we can show your current employer INDIA experience(2.5 years for which i worked in India for the same employer and came USA for the same employer).
Can we show current employer India experience while filing PERM?
Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.
The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed.
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2014 Q4 TD selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program,
When an I-485 is accepted at the Service Center, requests for FD-258 FBI fingerprint checks, fingerprint fees, and G-325A consular background checks are made by USCIS. Responses to these requests come back to USCIS and must be matched up with the appropriate files held in staging. File Maintenance "file connects" these responses to the corresponding files.
Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.
Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
What happens if I travel without visa or advance parole while my I-485 is pending? I want to go to India.
That would lead to abandonment (sort of like cancellation of I-485). You will have to enter USA under some legal status (like H-4/H-1/L-2/L-1) and then file I-485 again when the priority dates becomes current.
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
We filed an ETA 9089 (PERM) Petition by mail in July 2008, as the advertisements were expiring and DOL had a delay in registering the company's PERM account. A denial was issued on the grounds that the advertisements and prevailing wage were expired when the case was received for processing. Further inspection noted a typographical error by DOL in the year the case was received.
PERM Processing Times (as of 10/06/2014)
A. 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.
Here is another question from one of our clients posted in our extranet forclients.com.
Qo. My Priority date became current as per August bulletin.
I and my wife are applied for I-485 on July 2007 (PF is done and got EAD and AP docs). At that time my son was in India and i could not apply for him.
Right now i am working on his I-485 paperwork and targeting to send his application to INS/Nebraska on August first itself (through your Law firm).
The U.S. Department of Labor has released PERM statistics for the first eight months of the fiscal year that began last October. Of the 43,100 applications it processed, 27,600 (64%) were certified, 83% were for H-1B and H-1B1 visas, 44% were for IT-related fields, and 55% were for applicants from India. The minimum education requirement was an advanced degree for 51% of those certified, and a bachelor degree for 39%. The Department certified more applications in the last two months than in either of the prior three-month periods.
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?
The following questions were asked in today's community conference call. I feel the answers should be of use use to many folks.
Q. How soon can I leave my petitioning employer once I get my green card approval?
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue