PERM Processing Times (as of 09/30/2021)
Processing Queue | Priority Date |
---|---|
Analyst Review | May 2021 |
Audit Review | November 2020 |
Reconsideration Request to the CO | May 2021 |
Processing Queue | Priority Date |
---|---|
Analyst Review | May 2021 |
Audit Review | November 2020 |
Reconsideration Request to the CO | May 2021 |
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.
Processing Queue | Priority Date |
---|---|
Analyst Review | June 2021 |
Audit Review | January 2021 |
Reconsideration Request to the CO | June 2021 |
We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government.
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
After a PERM DOL certification petition has been filed for an EB-2 application for someone currently on H1-B, at what stage is it safe to change employers without affecting the application process? In other words, will change in employer mean starting the process anew?
Thanks Sushila. You did a wonderful job in filing the labor.
I appreciate Mr. Rajiv Khanna & his team for their honest & sincere effort to handle my GC case. Before I came to know about Mr. Khanna I worked with several other immigration lawyers. Converting my status from F1 to H1 to GC was a long & complicated process & sometimes was quite frustrating. When Mr. Khanna & his team started handling my case, immediately I realized that he could handle my situation better than any other lawyers I met before. Sound knowledge, great team, honesty & excellent customer support are the strong points of his team. It was always easy to communicate & work with his team. I will always strongly recommend his name to everyone who needs help about immigration.
My labor certification just got approved today.We applied for it on June 26th so it took exactly 75 days.I just want to thank Law offices of Rajiv Khanna for their professional services.They have been very efficient and I am looking forward for the rest of the process with them.
My ETA form 9089 (PERM) has been certified in the record time of just 5(!) business days after it was filed by your office. Special credit goes to my case manager Ms. Richa Narang and also to Mr. Rajiv Khanna for their restless dedication, diligence, and hard work. You guys have shined by meticulously closing any possible gap there could have been in executing the filing documents. Your advise has been prompt and refreshing. it was always in plain English and right on point on the law without overcomplicating things. Your patience is unmatched. This overall impression echoes the experience I have made when we filed the h-1b for my wife who received her visa in less than a month after filing. I look forward to tackling the next stage (I-140) knowing that things will almost run on auto-pilot. Best wishes to your entire team for 2011. Thanks, Chris Alberti
I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?
It is possible, but the green card will have to be started again from PERM.
I completed my master’s degree last summer and started working with a company from 2 months.
I am in OPT status right now and I wanted to know, if I am eligible to file for Green Card process with my current employer. If yes can I file in EB2? I have 2 years IT experience in India If no, do I have to wait until I get H1b. Is the Green card process dependent on H1B?
This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.
Thanks to Mr. Vijay Durgam and his firm who did a great job to get my Labor certification done in less than 4 months of application.
My pleasant experience in summary and in little detail.
Summary:
People at Law Offices of Rajiv S. Khanna are highly professional, very much detail oriented, easy to work with, very prompt and very nice people. They are always available and will stand up for you when required. This will be a very rare combination to find. They always prepare very convincing case and review the case in detail. I always believed that if my case is accepted by Mr. Rajiv, Mr. Mathew and Co, it will be very hard for anyone to reject the case.
Little in detail:
It all started in October 2005. My company asked me to find a lawyer to represent me for my GC process. I have a good friend/family that got GC thru immigration.com (Mr. Rajiv Khanna handled his case. My friend assured me that Mr. Rajiv would go above and beyond to meet client's needs.). He referred us to immigration.com. I sent a mail to immigration.com. Mr. Suman has contacted me. When my HR wanted to talk to a lawyer, he referred us to Mr. Mathew Chacko. Mr. Mathew explained the process in detail. He was very descriptive and communicated everything very well to us. He is always patience even during his busy days such as 2007 July-Aug crazy time when everything became current. I am fortunate enough to get quick e-mail replies every time. When I had thoughts about Consular Processing, he explained to me all about consular processing and why one should opt for it or should not opt for it. His review on my I-485 are very much helpful.
One of the most memorable moments is this: my wife attended an interview in a company and they had hesitation about hiring her without Green Card. They always thought that the company has to sponsor her GC at some point in time and they were not ready for it. I told them it is not the case since she is a derivative applicant in my GC. They were not ready to buy it. They wanted to talk to my lawyer. When I requested Mr. Mathew, he was ready to talk and convince them. I am not sure if all the lawyers would do this kind of stuff. Thank you very much Mr. Mathew.
Another important player during my GC process is Ms. Richa Narang. She has done an incredible job of completing my PERM application on time that once I thought would nearly be impossible. Considering that we started our process very late in my 5th year, it is highly remarkable. We completed 6 days before my 5th year expired. She went thru the documents over and over, and helped preparing a very convincing case. I am highly impressed with her patience and prompt replies. She is easy to work with. She always let me know what she was doing for my case and why it is done this way. That gives me an idea about what is really going on with my case.
This is in contast with my previous attorney in my previous company. Thank you Ms. Richa.
I have not worked directly with Mr. Rajiv Khanna. But my case manager Ms. Richa was working with him for my PERM. He is a REAL expert in what he does. Mr. Rajiv really built a very strong case for my PERM. His inputs are priceless. I attended his conference call during July/August 2007 when USCIS opened and closed the door briefly. It provided lot of valuable information to me and to lot of immigrants that were eagerly waiting to apply for I-485. It is really a great gesture towards the people that were waiting to apply for I-485 during that time.
Thank you Mr. Rajiv
Others that helped me are Ms. Mohana, Ms. Prena etc. They are all very nice and easy to work with. They made sure my case was built in a convincing manner.
I will definitely comeback to Law Offices of Rajiv S. Khanna for my future immigration needs.
I have referred two of my friends to Immigration.Com so far. They all like the service. Please feel free to contact me. I will be happy to answer any questions about my experience.
Got my LCA approved within a few months thanks to the untiring efforts of Mr. Vijay Durgam, my case manager and Mr. Rajiv Khanna. Thank you.
I am on TN visa for the more than a year. The company wants to give me some stock option (10-15%). Is that ok to hold stocks of the company you are working for on TN visa, or will it create problem when I apply for renewal of my TN visa. Can I apply for GC on TN visa?
I see no issue with holding stock, but that will be a problem for PERM-based green card. Also, processing green card under TN can be problematic.
Vijay Durgham guided us with the labor certification process very professionally. Though our organization was new to the process, he showed a lot of patience and expertise in successfully completing this for us.
There have been many instances where his colleagues have assisted me in matters not quite related to this process either.
A big thanks to him and his team.
Good job by Vijay Durgam! The labor was certification was pretty quick. Just took us about 2 months to get certified. We had an extremely busy schedule when we applied for the LC and did not have enough time to go over the paper work and other stuff.
Vijay thoroughly prepared the documentation and provided us with just the right information we needed.
Thanks,
I have been using the services of Law offices of Rajiv S.Khanna for my labor certification. The whole process was very smooth and thanks to the excellent coordination by Pramita Shidhore. Everyone was so prompt in answering my questions. I would strongly recommend the services of this firm, great job!
I was working with Mathew all along from labor to finish the green card process. They are very professional and very very helpful. I recommend to every body confidently to go to Rajiv S Khanna office for any immigration needs. I personally like Mathew the way he dealt and helped me answering every small concern.
They are awesome.
I was really excited when I heard from Amrita that my labor certification has been approved so quickly. I would like to thank Mr. Khanna and his staff for their dedicated support in this regards. I am expecting the same level of support from you for the rest of green card process.