PERM - Labor Certification

Guestbook Entry for Sudipta, United States

Name: 
Sudipta
State: 
NY
Country: 
United States
Comment: 

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.

PERM petition and employer

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?

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

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PERM Audit and H-1 Expired

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.

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

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Holding Company Stocks on TN Visa

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.

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

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Perm process during OPT

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.

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

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EB-3 category

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.

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

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Guestbook Entry for Chris Alberti, United States

Name: 
Chris Alberti
State: 
New York
Country: 
United States
Comment: 
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

Guestbook Entry for V. Patel, United States

Name: 
V. Patel
State: 
virginia
Country: 
United States
Comment: 
Dear Rajiv and Vijay, I would like to thank you and your entire staff for great job plowing through many emails/teleconferences/phone calls and documents.  As someone who pays extra attention to detail, it is refreshing to find others working with the same diligence.  Without getting into the cobwebs of my case, Mr. Khanna was introduced to a new law that affected my case.  Rather than bypassing it, we tackled it head on; it did take additional time for both the lawyers and myself, however the LCA was approved.  With such a stressful and time consuming process, Mr. Khanna and his staff, can give their clients not only the knowledge to move forward, but also peace of mind!  H1/LCA (now I-140 and I-485)

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