PERM - Labor Certification

Can I file I-140 under EB2 if PERM is filed under EB3

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.

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

Add new comment

Labor filing and F-1

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.

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

Add new comment

Priorty date

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.

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

Add new comment

EB2 approval after EB3 on the same labor certification

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.

Team Notes: 
Menka

Guestbook Entry for Satya Jayadev, United States

Name: 
Satya Jayadev
State: 
NC
Country: 
United States
Comment: 
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!

Guestbook Entry for Sri, United States

Name: 
Sri
State: 
TX
Nonimmigrant Visas: 
Profession/Occupation: 
Country: 
United States
Comment: 
I received my labor approval in just 2 months this Aug. I am happy that I went with Mr. Rajiv S.Khanna for labor certification.  I must mention here that the paperwork done here has been perfect and I had no RFE’s and I am confident that with such perfection & highly skilled team they will be able to get my Green Card much faster & with no RFE’s. I found the staff in his office in general and with a special mention of Mr.Vijay Durgam and Mathew Chacko very co-operative. Mr.Vijay thank you for your timely replies and detail explaination for all my questions . Thanks to Rajiv shaab and his staff for making people like me happy.I will definetly tell people who are looking for GC to choose Mr.Rajivs firm because they are the best !!!!!!!

Guestbook Entry for Vamana Murti, United States

Name: 
Vamana Murti
State: 
California
Country: 
United States
Comment: 
Our green card applications just got approved and now we are waiting for the cards to arrive. Law offices of Rajiv Khanna did a wonderful job in our green cards processing.  Rajiv Khanna is a nice person and his advice through phone calls and emails helped us in resolving the issues. Rajiv’s team is one of the best team I have ever worked with and they beat my expectations in terms of QUALITY of service. Especially Amrita and Bharathi are helped me several times and they are very helpful and prompt in responding to emails. I would strongly recommend Law offices of Rajiv Khanna to anyone in the future who require immigration assistance.

Guestbook Entry for Rajarshi (Raj) & Satarupa, United States

Name: 
Rajarshi (Raj) & Satarupa
State: 
Kansas City
Nonimmigrant Visas: 
Profession/Occupation: 
Country: 
United States
Comment: 

We just did recently receive our US Green Card (EB2) for both my wife and me. Keeping all those melodrama apart, in short, is extremely pleased and has no words to express ourselves. We want to thank everyone working with Law Offices of Rajiv (Immigration.com) and especially Mathew, Suman-Ji, Bharathi, Anna, Rita and last but not the least Rajiv himself. On a true note, they are extremely professional and super prompt in answering any of your stupidest questions on Immigration. Rajiv is extremely desperate in taking cases through to positive destiny using and interpreting every piece of immigration law that according to me, a lot of his competitors would try and avoid.

In last 6-years they have done our multiple successful H1B/H4 renewals, this Green Card case, and hopefully would be the one helping us on our US Citizenship process, about 5-years from now.

All of you guys out there, if you have any immigration issues, and want a little piece of mind, please do not wait. schedule an immediate appointment with them and be happy from thereon.

Just for information, our US born baby girl is about 2.5 months old now. Once she grows up a bit, would surely want to pay them a visit. We wish them all the very best as of now and in future.

Pages

Subscribe to PERM - Labor Certification