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
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Discussion Topics, Thursday, 11 August 2016:
FAQ: Canadian citizen (or any person) getting married to a US green card holder; Consequences of denial of an H-1 transfer petition; When is an H-1B amendment necessary; Applying for green card for parents; Getting H-1 transfer while an amendment/extension is pending.
Other: Accompanying student minor, son to live in the USA on B-1/B-2 visa; Reentry permit applying for US citizenship; Parents moving to the USA healthcare and other issues; effect on priority date if I-140 employee remains outside the USA, etc; Affidavit of Support I-864 co-sponsor; Green card holder applying for spouse - Final Action dates on visa bulletin; H-1B extension if old I-140 is revoked, etc; Applying for H-1 through a new company, etc.; How to prove country of birth, etc.
Processing Queue |
Priority Dates |
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Month |
Year |
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Analyst Review |
June |
2016 |
Audit Review |
January |
Discussion Topics, Thursday, 23 February 2017:
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.
I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?
You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.
Under AC21, you do not have to start a new green card if:
1. Your I-140 is approved;
2. Your I-485 has been pending for 180 days or more;
3. You will take an employment same as or similar to your green card job; and
4. You file Supplement J.
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.
Mr. Khanna and his collegues ensured a smooth process for my Greencard application. Thanks for all the help.
1) Is it true H-4 EAD rule will be revoked by the government? <br>
2) My H-1B visa is going to expire in 14-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>
a) If my PERM is not approved before my current H-1B visa expires. Can I change to H-4 EAD at that time?<br>
b) If my PERM approved after change to H-4 EAD, Can I change back to H-1B?<br>
c) Is it possible to convert from H-1 to H-4 EAD without taking a break in employment?<br>
d) If my PERM gets approved after my current H-1B expires can my employer file for H-1B extension?<br>
3) I would like to move to H-4 EAD but I would like to come back to H-1B anytime in future, in that situation what is the best status for H-1B?<br>
4) If I apply for new H-1B is it comes under H-1 quota (After 6 years completes.)?
Watch Video on this FAQ: Will H-4 EAD Rule be revoked?
Video Transcript:
1. I don't think it will be revoked.
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.
If new legislation proposed by Cotton and Purdue passes to remove the IR5 category (parents of USC), what happens to change of status (I-130/I-485) petitions in progress?
Watch the video on this FAQ: Can pending immigration applications be affected by changes in the law?
Video Transcript:
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.
After getting GC (emp based):<br>
1. If an employee is working for an end client (employer - vendor - end client): while employed with GC sponsor, can a person be on bench (no pay) for some time? or like H-1B, it's considered as out of status, risk of GC revocation? <br>
2. Would like to travel to visit family abroad- At of POE, any questions by the officer ? Even though still employed, but not on a project at end client?<br>
3. While applying for citizenship later, if W2 < LC salary for any given year, negative impact during interview?<br>
4. Also, as a green card holder, can a person be self-employed(sole owner of LLC - and do 1099 contracting for US clients) ?<br>
5. In above scenario, is it legal if you(LLC) did not make any revenue in between contracts?<br>
6. Is it legal for GC holder to be unemployed, or like H-1B, if you are on bench or not getting paid by employer - you are out of status - hence risk of losing GC?<br>
Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B
Video Transcript:
It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.
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.
Changing their employer from Company A (Current Primary Employer) to Company B (Direct Client of Company A - which will be the new primary employer going forward) - Can the experience earned by the person (skill set as well as number of years) earned with Company A be used for satisfying the job requirements of PERM / I-140 petition filed by Company B - if the person was actually working for the direct client i.e. Company B - all the time while employed by Company A (Current Petitioning Employer for approved I-140) ?
Watch the Video on this FAQ: Using for green card experience gained with end client
Video Transcript:
Normally you cannot use the experience gained by the end client if the end client applies for your GC. That is the normal rule. More...
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.
PERM Processing Times (as of 3/3/2017)
In light of stakeholder input, which the Office of Foreign Labor Certification (OFLC) is considering, OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements, originally published on March 6, 2017. OFLC will clarify and republish PERM FAQ Round 14 to provide additional information on its applicability to PERM applications and associated prevailing wage requests and determinations.
I am working for same company for more than 9 years out of which 2007 to Aug 2014 in the US and since Aug 2014 in India Development Center for the same company. I have visited the US frequently (4 times) between Aug 2014 to Sep 2015 and in India since then (through Advance Parole). I received my GC on 6/26/2016 and have got the physical cards delivered to me in India by a friend traveling from the USA. My father was sick for last one year and passed away on 15th Nov 2016. I have EAD card with validity till 12/10/17 (Not Valid for reentry to the US). My Advance Parole has expired on Dec 29, 2016. Also, 6 months timeframe for GC entry to the US has expired on 12/26/2016. <br>
I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA.<br>
1. Can I directly join some other company in the USA using the same GC my company has filed for me? If yes, are there any legal formalities/paperwork involved to do that?<br>
2. I have already filed for Advance Parole twice between 2014 and 2016. Once I am in the USA, can I file for a Re-entry permit to get a leave for another 2 years outside the USA to support my mother while she is going through recent grief? <br>
3. How long does the process for Reentry permit application take? Do I need to stay in the US till the time application is approved or can I leave for India once application is filed and bio-metric is done?<br>
4. On a side note - I have no earnings in the US for the year 2016 but I must file the taxes as a GC holder (and also to maintain my ties with the US). Do you have references for any good CA who can help me with this?
Video Transcript:
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.
My elder son born in India and now he is 10 years old. We came to the US in 2009. My visa status is H-1B and GC is in progress. My son is a bleeding disorder patient(like hemophilia). The medicine available only in the US. Does my son's medical problem make any issue while applying 485/EAD or at the time of GC issue?
Watch the Video on this FAQ: Medical problems/diseases that can cause issues in green card
Video Transcript:
It is not an issue for Green Card. More...
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.
Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.
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.
I have worked for a company A and my I-140 was approved with PD of 2013. I worked another 7 months in the same company after I-140 approval and then moved to a new company with a similar profile. As far as I know, my I-140 has not been revoked. The new company B has also started Perm processing to get I-140 approved. I am working in Company B for almost a year now, and I would like to go back to my previous employer A. Can I rejoin Company A and pick up I-140 from there without restarting another PERM filing? Company A would like to take me back? Do I have to start the process all over again?
Watch the Video FAQ: Can I go back and join an employer who has my I-140 approval, but I left them
Video Transcript
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.
I have been working with Mr. Khanna over the past decade to resolve my green card application. It has always been a pleasure to talk to him. He gives his advice in a timely and appropriate manner and has provided free telephonic counsel to me for visa issues concerning my family members - SEVERAL YEARS AFTER MY GREEN CARD WAS OBTAINED. I believe he goes above and beyond his duties to serve his countrymen. We really appreciate his timely advice on several occasions. Best wishes for a very successful practice in years to come.
The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.
Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account.
1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br>
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>
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.
1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.<br>
2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?
Watch the Video on this FAQ: Do jobs have to be same or similar when I port my priority date?
Video Transcript
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.
My case manager was Mr. Vijay Durgam, Got excellent and on time service, Easy and fast communication. Absolute and complete documentation. I strongly recommend immigration services from here.
Good Luck...!!