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Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

EB2 approval after EB3 on the same labor certification

15 years ago By Rajiv S. Khanna

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

Green Card

I-485 Pending Inventory Updated - January 2014

11 years ago By Chief Editor

I-485 Pending Inventory has been updated for the month of January 2014. The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year.

Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved

1 year ago By Chief Editor
Question details

I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.

I want to restart the NIW application. Questions:

1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?

2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?

 

FAQ Transcript

Answer 1. Being laid off is not a challenge/red flag. 

Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.

DOL Posted PERM FAQ on on Job Requirements Considered Not Normal to the Occupation

14 years ago By Editor

The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties.

Recording for May 09, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

Discussion Topics:

FAQ’s: EAD delayed - options || Benefits of National Interest Waiver

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