We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
I have a priorty date(PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?
You do have to start the green card all over again, but your PD is yours to take with you to the new job.
My employer has being try to file labor for the last 2 years and finally decided filing as Finance major would be risky & decided to go with engineering specialization.Two major issues:
- I have 4 months remaining for 365 day deadline (H1B with time captured outside US would be Dec '11)
- My employer is asking me to go on F1 staus to freeze the time on H1.Two questions:
Is 4 months enough time for me to find a new employer & ask them to file for labor? Is it legal for me to work on F1?
It could take a bit longer than 4 months to file. You can work on F- 1 if the school allows Curricular Practical Training.
My Perm is filed in October 2008 under EB3 and was audited. As per your current dates, guessing it might be approved in October 2010.
1. I would like to know if I can file I-140 under EB2 as I got my work experience eligible for EB2 category.
2. If I change employer before my PERM approval, will my priority date change? If so, to retain Oct'08 date, till what time, I can be with my employer?
3. Once I-140 is approved, can I change employer or stay for 6 months and then change employer so that my priority date will retain oct'08?
1. No. PERM application determines what your category is.
2. If your I-140 is not approved, you cannot carry your PD to a new employer.
3. Once approved, you can carry your PD, even if you leave earlier than six months. You do have to start your green card process all over again.
Processing Queue | Priority Date |
---|---|
Analyst Review | June 2021 |
Audit Review | February 2021 |
Reconsideration Request to the CO | June 2021 |
Hi, I would like to thank Rajiv S Khanna and Vijay Durgam for getting my PERM LCA Approved. Vijay was very helpful in preparing the paper works. It took more than what we expected almost 8 months of processing time. But without auditing it got approved. I would like to thanks Vijay for guiding us in preparing the required documents. Thanks Rachappa
Had a question regarding the EB-2 eligibility.My Perm was recently approved in EB-2 category.Had a question about education before we file the 140. I've a bachelors in Computing from UK which was a 3 year course and after that I have a Masters from UK in the computing which was a 1 year course. My question- is this qualification eligible of the EB-2 category. Just want to ensure that there is no RFE in 140.
Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089
Thank you very much for your good quality work for my Green Card processing.
PERM process says they should advertise in the paper. What if company has freeze in hiring in certain areas because it already has enough. If they wanted to do GC for its employee, how will the process work.
Technically, the employees on H-1 are only temps. Those positions are available. Recruitment is conducted against those permanent positions that are currently occupied by temporary workers.
I was in the fulltime employee in H1B and filed for the PERM application. after one year and approval of Perm application, The employer reduced my working hour from 1.0FTE to 0.8FTE and filed my H1b extension for the seventh year. My question is that, Is there any affect on my PERM application or in the future I-140 and I485 applications.
Reduction of hour from full time to part time can raise issues about the availability of qualifying job (full time, permanent) for green card purposes. In addition, this can be a violation of H-1 laws. I suggest you speak with a lawyer.
I recently had my labor certified. I am so glad that my GC process is going thru this firm. Everyone is so professional. Specially I would like to mention Vijay Durgham's name. He is a very thorogh and dedicated person. He was always accomodating and whenever I had any question he was there to answer. I would recommend anybody who is looking to hire a firm for there GC that go ahead with them. These guys are good.!!
This page allows the public to access the latest quarterly and annual disclosure data in easily accessible formats for the purpose of performing in-depth longitudinal research and analysis. OFLC case disclosure data are available for download on a Federal Fiscal Year cycle covering the October 1 through September 30 period in Microsoft Access (mdb) file format. Select data fields for each case record are extracted from foreign labor certification application tables within OFLC case management systems based on the most recent date a determination decision was issued.
GC processing service is a grueling process, but at Rajiv Khanna's office they handled very nicely and professionally even at difficult time. Though still my I-485 is not yet filed but on Labor and I-140 filing Rajiv's office shown their professionalism and my special thanks to Amrita, Mathew and Kumuda for their excellent service. I'll update more with how my I-485 filing goes in near future. So far with my experience I can give four stars. ****
The sponsoring employer was a small company (less than 20 employees) that was sponsoring the brother of the president. The Labor Certification was audited due to the familial relationship, which is a significant issue in the PERM process. We successfully responded by proving that the relationship between the president and the applicant did not influence or affect the PERM Processing. The I-140 petition and I-485 petitions were approved, and the applicant received his permanent residency.
Many thanks to Kumuda, Rita, Hellen & Mathew Chacko. The people are very courteous and I am totally satisfied with the services they rendered. They are very prompt whether filing I140 or getting AP/EAD.
Once again thanks TEAM, Law Offices Of Rajiv S. Khanna.
The head-quarters for the sponsoring employer were located outside the United States. The applicant worked in the United States at a branch office, which had fewer than 5 employees. Because of the head-quarters location and the US branch office size, the DOL questioned the existence of the company in the United States. We responded with evidence of the sponsoring employer’s business in the United States and the PERM Petition was certified.
Awesome work by Amrita & Seema. My PERM was approved in less than 3 weeks, without any issues.
Thanks to "attention to detail" of these ladies !!!
Working with Rajiv, Amrita and Seema was great!!! The LCA was filed and was approved the same day.
If a company is willing to sponsor green cards for a number of valuable employees, currently working with temporary worker visas, does it reduce the chances of success? (like applying to 4 to 5 employees simultaneously)
Generally speaking, as long as the jobs are genuine and the employer has the ability to pay, the number is irrelevant.
My wife and I got the I-485 approval in March 2008. We filed the I-140 & I-485 in February 2006. The LC PERM was done by Rajiv’s law firm too. The I-140 was approved in 4 months without any issues.
Mostly I dealt with Prerna Mehta and Jitesh Malik. Both provide me excellent help and support during the process. Malik called me on my cell phone to answer my questions, and he was polite, fast and correct. Also, I praise Prerna for checking my documents and forms thoroughly and providing correction/feed back immediately.
My sincere thanks to you Mr. Khanna, for all the help and guidance that you gave us through out the application process. You were always ready to answer all my questions and I really appreciate all the help that you provided.
In future if I need any immigration help I would definitely go for Rajiv firm. If anybody has any help needed about immigration I would highly recommend Rajiv firm.
I came to the United States by an H1B visa. The H1 visa was filed through my company's attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company's attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer's hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!
I would like to thank the law offices of Rajiv S. Khanna for doing an outstanding job to help me get Labor Certification.
Here is what happened:
-My case was filed in feb 2008 under EB2
-Audit was sent on the 4th of March'08
- Response to the Audit was sent on 2nd April'08
- Labor was certified on 8th April'08.
I would specially like to thank Seema And Sheena for doing an outstanding job in preparing the appilication and the audit response letter. They were very polite and responded to all my queries promptly.
Also would like to thank Pramita in helping me out in the initial stages of process.
Thanks to Rajiv and his team for doing a terrific job.
I was in my fifth year in USA without starting my LC process. Since it was a critical stage for me, I asked my company and Mr. Khanna to file PERM LC for me ASAP. My contact person, Seema, helped me a lot in preparing the case in a speedy manner and also answered all my questions promptly. Its a very good feeling when you work with nice and professional people. Today after three months of filing my case I received a "Congratulations" email from Seema that my LC got approved. Still have a long way to go but sure its a good start.
I got my labor certification approved a few days ago. Mr. Khanna's office did a wonderful job gathering all the details and working with my company to get it done. The process was very smooth and my employer was really happy with the response time from Mr. Khanna's office. Special thanks to Richa for patiently answering all the questions and filing the petition on-time and accurately. She is a true professional and a great resource of information to all new applicants. Thank you once again! I would definitely recommend Mr. Khanna to all my friends for all their Visa needs!