Guestbook Entry for Nick Popov , United States
Name
Nick Popov
Country
United States
State
CA
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Guestbook Entry for Leszek Kosinski , United States
Name
Leszek Kosinski
Country
United States
State
NJ
Labor Certified Based on Appeal Alleging Government Error
We filed a Form ETA 9089 Foreign Labor Certification (PERM) for a petitioner corporation and a beneficiary Software Architect. The Department of Labor sent us an Audit Notification, which functions as a Request for Evidence in these cases, requesting information on the necessity of the high level of education and experience the petitioner required for the position and details about the process the petitioner used to advertise for the position.
Green Card
Guestbook Entry for Jay Udayasankaran , United States
Name
Jay Udayasankaran
Country
United States
State
Texas
Guestbook Entry for Bhagya Thirumuru , United States
Name
Bhagya Thirumuru
Country
United States
State
NY
Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
Guestbook Entry for Arul Arasu Madavadiyan , United States
Name
Arul Arasu Madavadiyan
Country
United States
State
TN
Recording for November 21, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
Topics Discussed:
PERM Processing Times (as of 11/26/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2024 |
Green Card
Immigration Law
PERM Processing Times (as of 09/01/2025)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2024 |
| Audit Review | N/A |
| Reconsideration Request to the CO | July 2025 |
Agency
Green Card
Immigration Law
PERM Processing Times (as of 05/06/2013)
PERM Processing Times (as of May 6, 2013)
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Reviews | December 21 | 2012 |
| Audits | June 30 | 2012 |
| Reconsideration Requests to the CO | April 29 | 2013 |
| Gov't Error Reconsiderations | Current | |
Green Card
Immigration Law
Guestbook Entry for Alok Bothra , United States
Name
Alok Bothra
Country
United States
State
VA
Guestbook Entry for Chanda , United States
Name
Chanda
Country
United States
State
CA
Guestbook Entry for Nirupama , United States
Name
Nirupama
Country
United States
State
CA
Guestbook Entry for Bhushan Deshpande , United States
Name
Bhushan Deshpande
Country
United States
State
AZ
Guestbook Entry for Jenish Joseph , United States
Name
Jenish Joseph
Country
United States
State
MD
NIW I-140 approved, I-485 denied because of change in role - Priority date retention, refiling, and porting
Question details
My NIW I-140 was approved based on a job, but later, my NIW I-485 was denied because I was not working in a similar role.
My question is:
1. Does the denial of the NIW I-485 rescind the priority date that I got with the NIW I140 filing/approval?
2. In the future, if I am working in a similar role, can I re-file this NIW I-485?
3. Can I use this NIW I140 priority date in my other adjustment of status cases such as PERM-based, etc.?
FAQ Transcript
An NIW I-140 approval does not lose its priority date even if the I-485 is denied due to a change in role. You can likely refile the I-485 if working in a similar role in the future, and you can likely use the NIW I-140 priority date in other adjustment of status cases.
Guestbook Entry for Joseph Lesmana, United States
Name
Joseph Lesmana
Country
United States
State
California
Guestbook Entry for Suresh Cooduvalli , United States
Name
Suresh Cooduvalli
Country
United States
Guestbook Entry for Satish Maram , United States
Name
Satish Maram
Country
United States
State
VA
Guestbook Entry for SIVAKUMAR KASI , United States
Name
SIVAKUMAR KASI
Country
United States
State
VA
Guestbook Entry for Kollipara Sreekanth , United States
Name
Kollipara Sreekanth
Country
United States
State
CA