According to DOL updates as of 01/03/2013, they are working on PERM
We filed an ETA 9089 Labor Certification and included a requirement of a Master’s degree. The job required no employment experience, but did require hands-on work in a university research laboratory with particular equipment. DOL denied the application, stating that training and experience requirements were in place that exceeded the employer’s true minimum requirements. We responded with an MTR/Appeal asserting that this was not an appropriate ground for denial and that no formal training was required or available in these technologies.
I would like to thank my Case Manager, Subha, Roopa and their team for getting my Labor Certification under EB2 with PERM in 2 1/2 months. I also would like to mention the care they have taken while filling the LC form, which got reviewed many times before applying.
I sincerely recommend their service and quote them as very Professional and Excellent Service.
Thanks to all.
Excellent work done by Rajiv S. Khanna and my case Manager Richa helped me with the process to obtain Labor certification for EB3 category under PERM process. I am sure they will continue the good work all the way to getting my Green Card.
I received my PERM approval in 3 days.
Richa and Mohana has been very co-operative, professional
and prompt throughout the case
Special Thanks to Richa Narang and Mohana Navran for their timely help, valuable legal advise
I strongly recommend their services.
I started my GC processing in November 2005 through Rajiv Khanna’s law firm. He is a lawyer of great standing and has helped me at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect and I had no inquiries during the process. My PERM labor was approved in 58 days from the date of filing and my I-140 was approved in just 32 days from the date of filing. I found the staff in his office in general and with a special mention of Aruna and Amrita, both of them have been very co-operative. Thanks to rajiv and his staff.
Transcript: Leaving an Employer after Approval of Green Card
Hi everyone this is Rajiv S. Khanna for immigration.com the Law Offices of Rajiv S Khanna, P.C.
I have been trying to get to this email now for a few days and it just keeps getting postponed. But this was from one of our community members who has a bunch of questions about what happens after you get your green card if you have done your AC21, not done your AC21 what to do, not to do to make the process of naturalization eventually smoother.
Question number 1. How long must one stay with their employer after getting a Green Card?
Now we do have a very detailed video on this. If you go to my blog (http://forums.immigration.com/forumdisplay.php?253-Rajiv-s-Blog) you will get a video that talks about how long must you stay. I am not going to repeat that information here. That information has already been covered.
He also asks along with a response to this question please provide any exceptions that might exist
I will give a very small summary. Let’s take the situation where no AC21 is involved. All we have is an employee who is staying with the same employer who sponsored their green card and today they got their green card approval. When can they leave safely without negatively affecting their naturalization?
And the answer is it is difficult to say depends upon the circumstance. There is no six month magic rule that people often talk about. But the way it works is green card is given based upon the premise that the employee is taking the job on a permanent basis. Permanent does not mean forever. Permanent simply means indefinite basis. And what is important is at least in my view that the intention or the intent at the time of getting the green card approval must be indefinite. So if I have already started packing my bags before I got my approval and I move three days later there could be some question about it. Although in the age of AC21 this question, did you really have the intention of working here permanently, which in real words means indefinitely - it has become very diluted because of the AC21. At least that’s the way I would see it. I doubt very much government should make an issue out of it as long as you know the two jobs that you’re doing the one that you go from and the one you go to are substantially similar positions.
I would make an AC21 type argument saying that I basically ported over to a new job which was similar, if it ever became an issue during naturalization. But if you wanted to avoid all issues then I would say stay as long as you can, at least a few months after you got your green card approval and only then leave.
Let’s say in the AC21 context things become more complicated. This is the worse scenario. Lets say you moved job one to job two and before you could file anything with the government your green card got approved, so what has happened is, you were hoping to use you AC21 but before you could inform the government your green card got approved, so you never filed anything formally notifying the government that your changing jobs.
Of course you are not required to under AC21 law. You are not required to file anything. But the fact that you did not file anything, makes it complicated because tomorrow when naturalization time arrives, the government could notice that you left the sponsoring employer ten days before the green card got approved or three days before the green card got approved.
So technically, you never took the job for which the green card was meant. Now again here the argument would be I was going to use AC21, this is a problem in the procedures, it is not something I have done wrong. The AC21 process does not really require government notification by or before a certain time when I am changing jobs and in fact it does not require notification at all, so how can you hold me responsible for something for which I am not even required to inform the government. So what should you do - just make sure you have some documentation that shows that the job that you moved to was substantially similar to the job that your moving from. I would strongly recommend getting a lawyer involved. And keep that documentation for the next several years if it becomes an issue during naturalization you can provide the documentation and make the AC21 argument.
So the situation where you were doing AC21 and the situation were you are doing basically a job after getting the green card approval are the same except were the green card gets approved while you are still in the process of thinking of filing an AC21 level. Otherwise if you change jobs - let’s say you went to job one to job two and you filed a notification with the government and then ten days later the green card got approved now you are in the same situation probably as the guy who stayed at the same job and did not move jobs.
Number 2 question is.... Is there any documentation that one must acquire from his employer at the time of exit?
One point I want to make, what if you want to work and the employer says I don’t have a job for you. I think in those circumstances it is a good idea to have some kind of termination letter or some kind of email or an acknowledgment in the letter that we understand from the employer, that says we understand the you are agreeable to continue to work for us on a indefinite basis however because of XYZ circumstances or business circumstances we can no longer offer you this job. I think that would protect you to a reasonable extent.
There are cases that I have seen a few years ago I did some research on this issue. There were not a whole lot of cases but there were some cases where the government tried to take somebody’s green card and the court said: well if the employee is willing and the employer is not what can you do? We should let them keep their green card.
Documentation in cases where the employer is going to lay you off should be kept in the form of a termination letter and if possible some kind of acknowledgement that the employee is willing and able or even some kind of an email that you can send to the employer saying that I am willing to continue with this job on a indefinite basis, I was hoping it will be a permanent job but I understand that you don’t have it any longer - something like that - it shows that you have documented - I think we are paranoid, but I think it is better to be paranoid.
Number 3 question is: How is the naturalization process impacted by exiting the wrong way? How does anyone find out about how you exited if let's say you apply for naturalization after 10 yrs?
They can not only refuse the naturalization they can even try to take away your green card. So one of the things you can do is, remember when you file for naturalization within 5 years of getting your I-485 approval, it is easy to reverse I-485 approval in the first five years, so one of the things you can do is file for naturalization after five years have passed. The law allows you to file 90 days before the five years are over I would say do the naturalization application ten days after the 5 years from the green card approval are over.
That is another thing you can do. That way if they want to come after your green card they (USCIS) have to go through a longer process rather than just revoking your I-485 approval. One concrete suggestion is apply for a naturalization a few days after the five years from the approval of your green card are over.
How does anyone find out about how you exited if let's say you apply for naturalization after 10 yrs?
If you apply after ten years they probably cannot find out. I think the form N- 400 only asks for your employment history for the last five years.
Question 4 : Can the IO (I guess what you mean is the adjudication officer)involved in the naturalization process reach out to previous employer for any reason? If so how does one prepare for that contingency since the employee (and maybe his boss) might not be with the same employer at the time.
Normally no I have never seen it that happen in over two - three decades of my practice. And of course you point out that by that time maybe the boss and everything is all changed and the answer is yes. That is a practical difficulty. In fact I was reviewing a case from Seattle, Washington State Federal Courts, where the judge had pointed out that when the government creates a situation where it is impossible for an employee to go back and fulfill the requirements of the evidence the government is asking for e.g.: where there was an I-140 revocation and the employee had already left the employer and now they are trying to go back and revoke the I- 140. He cannot get the documentation that they want. They are trying to revoke the I- 140 several years after it was approved. It’s impossible for the employee to get the information that they are looking for. I think something like that would work for us.
I am not that concerned about the adjudication officer reaching out to the old employer it would be just impossible for any employer to keep the records that long anyway, if it is several years down the line.
Number 5: Can any of the employers that one has worked for before getting the GC approval negatively impact one's naturalization process? Any safeguards that you could recommend
No ... I cannot think of anything, except if there is an active fraud that you have committed and that fraud is against the US government in any way for e.g.: giving a false degree certification etc then you can have a problem but otherwise there is no issue and during naturalization they don’t go to the old employers.
Number 6: If a previous employer gets into legal issues because of their business practices can that negatively impact one's naturalization process?
Again that depends, if there was fraud in your green card approval that can definitely become an issue. If it becomes part of the record government could actually unravel the I-140 and try to unravel the green card and then of course that affects your naturalization as well.
Number 7: What documentation does one need to hold on to for naturalization purposes like paystubs, offer letters etc?
I just described that documentation. Paystubs is always a good idea as we are dealing with some of the cases where USCIS is trying to revoke I-140s for fraud and we are able to prove that there is no fraud because the people that they are coming after were actually working. Here are the paystubs, here are the bank deposits slips that show that this money was not only received from the employer, but also deposited.
Number 8: Can negative information or any information posted on the Internet (social media for example) be used against someone in the naturalization process?
Not unless it was the kind of information which would bar you from getting naturalization such as - it is a crude e.g.:- but let’s say you are trying to solicit a minor for immoral purposes. That could become a problem. Because remember good moral character is part of naturalization- moral character is implicated, at least in my mind when there is something negative being done against US government or the laws of this country. It can become relevant, the information on the social media, but not just because you are an obnoxious person or you are in a bad mood and you have written something bad. It has to be something more than that. I get this question all the time what if I am in bankruptcy does that affect naturalization. No it does not. Only time you could have a problem is if you skipped on your taxes but even there - a proper bankruptcy discharges some kind of claims and if those claims are discharged they cannot be held against you.
Number 9: Can a disgruntled employer or colleague negatively impact
Again unless you have committed a fraud I don’t see why.
Number 10: General wisdom on what NOT to do after getting one's GC and before citizenship?
Make you file the AR-11. Try not to get arrested. Lead a good life. Other than that I have nothing else to recommend. Most of our clients get a list of things they should be doing. Filing AR-11 is important. Within 10 days of moving address from one place to another you should file AR-11. You can do it online.
I hope this helps. Good luck people!!!
I like to thank Pramita and Roopa for their great efforts and works that made my Labor Certificate approved in 1 day.
Hi,
Mine is a long story and will write-up the story in detail when I get a chance. I'm still hoping to see the light at the end of the tunnel. Eventhough, it was Unfortunate that my first labor certificate was denied (for some reasons!!!) which changed my entire career plans (and also changed a lot on the way to file PERM petition after that...) Thanks for Subha and Roopa for their efforts to get my second PERM labor certificate approved in 20 days. So I'm still having little hope with the direction I'm heading towards. I appreciate Rajiv for his courteous nature.
Regards,
Manju
Mr. Khanna's firm and specifically my case manager Mr. Vijay Durgam helped me with the process to obtain Labor certification for EB2 category under PERM process. I am sure they will continue the good work all the way to getting my Green Card.
The Office of Foreign Labor Certification will implement an enhancement to its Labor Condition Application (LCA) Electronic Filing Module within the iCERT System allowing employers or their authorized attorneys or agents to reuse previously filed LCAs under the H-1B, H-1B1, and E-3 visa programs. This new feature is expected to significantly reduce the administrative time and cost of preparing and submitting the ETA Form 9035E.
To learn more about the new reuse feature please read this factsheet.
Thanks to Richa and Mohana, for your timely and well organised support, I got my PERM Labor Approved within 10 Days!!
I have a lot of experience with the immigration lawyers. This time with Rajiv's office is a WAY different (better) experience:
* immaculate filing preparation - this is not some sloppy paralegal preparing your docs with bunch of misspellings and inaccuracies;
* excellent communication - forget your voice-mails with no responses or the your attorney's email black-hole. Rajiv's teams are fast in response and their answers are clear and focused on what you need to know.
* deadline oriented - with Rajiv S. Khanna's office you KNOW the answer of all your when,where,why and hows....If they commit to date - that is your filing date.You never get nonsense excuses.
* respect - all we know that immigration process is not straigth forward and trivial process. Some times things can get bumpy and you may loose your patience. At this time you need moral support and respect no less then a legal help. Rajiv's team is there for you - your best friend and guide. Actually you become at some point member of the team.
* professional awareness - here I'm going to say just one thing and if you read this you'll understand what I'm talking about. This is the first attorney company that I'm working with and I DO NOT have the feeling that I'm more up to date with the immigration law changes and updates then my attorney.
I know at a time I sound like commercial ad, so let me put some names to my words.
My awes goes to the Mathew and Aruna team. Thank you for the excellent job done so far.
And here is my time-line:
PERM: FD: 8/11/2005 AD: 9/12/2005
EAD AD 10/4/2006
AP AD 10/4/2006
I140 AD 8/5/2006
I485 .. soon...
Khanna and his colleagues (Richa,Mohana) did a great job in getting my labor certifed with in 8 days,I like their personal interest in going through the documents very keenly to cover up pit holes,sending the drafts timely at each stage,followup and more over very honest in giving status about whatz going on with the case.
I can recommend anyone to blindly go ahead and trust this people.i feel blessed by knowing these folks and working with them.YOU WILL HAVE A PEACE OF MIND WORKING WITH THEM.
Thank you everyone in Mr.Khanna’s firm.
Excellent quality service. Immediate e-mails response. Paperwork prepared very well. Mr Khanna is very knowledgeable attorney. Very good representation.
We filed a Form ETA 9089 Foreign Labor Certification (PERM) for a petitioner corporation and a beneficiary Software Architect. The Department of Labor sent us an Audit Notification, which functions as a Request for Evidence in these cases, requesting information on the necessity of the high level of education and experience the petitioner required for the position and details about the process the petitioner used to advertise for the position.
My sincere thanks to Rajiv Khanna and Amrita for their efforts in getting my PERM approved in a remarkable time frame.
My case was a bit complicated. Initially my PERM application got rejected three times over a four week period. The DOL was being quite vague about the reason stating that the alien does not qualify for the job.
However Mr. Khanna's expertise in this matter and dedication of Amrita got my application through, in the fourth attempt,
in a matter of three business days.
Mr.Khanna is very patient and helpful when it comes to dealing with employers. He spoke with my employer several times throughout the process, answered all the
queries that my employer had and helped him understand the perm process.
I really feel that Amrita put her heart in to my case. Amrita was extremely good about acting promptly on the rejection letters
from DOL. My Advertisements were expiring in 3 days from the day the fourth attempt was made. If she hadn't acted quickly i
probably wouldn't have had a chance.
I personally feel that Mr. Khanna's Law office pays close attention to details. They
are also very good about responding promptly to emails, phone calls and clarifying the smallest doubt you may have.
I strongly recommend their services.
My PERM EB2 petition got approved on May 3rd. The amount of attention given to each little detail in the process and their professionalism had given me the confidence that the labor petition would go thru without any snag.
My sincere thanks to Mr. Rajiv Khanna, and especially to Ms. Reecha Nareng and Ms. Mohana Navran. I appreciate your help and hard work you have put in on my application. You were always prompt and responsive and very helpful.
Thanks
Bhagya
I would like to thank Amrita, Seema for the effort they put in to get my labor approved in 5 working days. Great work!!!
I worked with Ms.Richa and Ms.Mohana. Mr. Rajiv is my attorney.
They have done an incredible job of completing my PERM in time which once I thought would be nearly impossible. We started our process very late in my 5th year.
I am highly impressed with their patience and prompt replies. I highly appreciate them. I found both of them easy to work with. They went thru the documents over and over, and prepared very convincing case.
THANK YOU VERY MUCH TO EVERYONE.
Thanks
Arul
Thank you Vijay Durgam and Pramita for the great work. My LC was approved in 2 weeks. (EB3)
I would like to thank Mr. Vijay Durgam and Ms. Pramita for all the efforts they put in to get my labor approved in 7 working days. Good work !
I got my PERM labor certified in 8 working days. Excellent job Richa and Mohana. Thank you SO MUCH for all your prompt responses and very high availability whenever I have a question throughout my PERM application process.
What a fantastic service for the money we spent. Your firm should be proud to have you as employees.
According to DOL updates as of 03/04/2013, they are working on PERM application filed in the following months:
Analyst Reviews : November 14, 2012
I'd highly recommend this team to anyone who needs immigration works to be done. They are highly knowledgeable, know what they do and what to do.
Richa Narang was handling my case and did an excellent job. My labor certification was denied just few days before one of the paper ad expired. It was denied because my employer did not respond to the questionnaire sent from USDOL. Based on Richa's advise we were able to give an ad within next couple of days. She also find that my wage was expired just before refiling. She talked to concerned people and got one for me just few minutes before their COB that day (next day was a national holiday) and refiled successfully late in that evening. And my labor certification was approved within next few days. I had been waiting for several years to hear this news in this country.
I really appreciate and thank Richa and her team for this excellent work.