My wifes I140 is approved 2 years before and recently she changed her job within the same company and it lead to H1B Amendment + Extension as extension was also due at the same time. If the new I140 is denied, can I use my older I140 to continue extending my H1B after the 9 year mark, for my newer position? Normally, 30% of PERM applications are selected randomly for Audit. Posted June 16, 2017. . Many companies do not like the hassle of dealing with queries/RFEs during the I140 stage and hence don't prefer to give the promotion. To preserve your green card, we must be able to show that you are TEMPORARILY changing some items in your job description for now, the present time. Permanent Labor Certification auditing is done for 30% of cases by requesting job advertisements and employer documents. My spouse is in a somewhat similar situation. They don't think it is going to be easy. But any substantial change would require starting all over again. Sections 1904.35 and 1904.36, which would effectively prohibit employers from utilizing certain safety incentive programs and mandatory post-accident drug testing policies. As long as priority date remains current, it can be filed after I-140 approval or at the same time as the I-140. Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, Promotion - I140 approved - Options? - Murthy Law Firm worker (namely, a U.S. citizen), lawful permanent resident (green card-holder), or an asylee/refugee. The final rule was issued by a 3-1 vote, with Member Brian Hayes dissenting. The period for filing the H-1B cap-subject petition will be at least 90 days, through June 30, 2023. These are the general requirements, but some unique situations may require additional steps. For most clients, naturalization is the next step following obtaining a green card that allows them to live and work in the U.S. They will have a maximum period of 180 days after approval to file the I-140. My EB2 case was filed for Senior Software QA Engineer. The .gov means its official. 1) Can I port my current priority date which is March 2008 to this new green card filing? In the PERM process the employer must prove to the DOL they were unsuccessful in recruiting a qualified U.S. worker for the position through a test of the labor market. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA). If you are fortunate enough to receive a promotion while on H-1B status, you will need tofind out if a material change has taken place in order to determine if an action needs to be taken. Spotify, Go to company page Is new PERM & i140 required If the job position is completely different from the old position, then new PERM and i140 are required. Promotion After I-140 Approval If you get a promotion that makes a material change to your H-1B position, it may be best to bring it to your immigration attorney to decide if a new Form I-140 should be filed for your green card. You can file an H1B 7th-year extension (after completing a 6-year quota) if your PERM has been pending for more than 365 days including audit time. Kinda right. Please understand that merely contacting us does not create an attorney-client relationship. Ford, Go to company page CHANGES IN JOB DESCRIPTION Minor changes can be accommodated. For mere title changes, such as from Software Engineer I to Software Engineer II, a revision or re-doing of the PERM application is not typically required. When completing the I-140 the employer must also provide information about the foreign workers salary and evidence of the employers ability to pay the PERM PWD. SALARY INCREASE Cant we use the old I140 which is from the same company?. The PERM application must be complete and approved before the employer can move on to the I-140 petition. You still have to work as per H1B job profile. Just because you got your masters degree while you were waiting for your EB-3 priority date to be current doesnt automatically mean that you can apply for an EB-2. Federal government websites often end in .gov or .mil. This complex and time-consuming analysis can be avoided if the employer is keenly aware of its layoff history and performs the analysis prior to initiating the PERM and commencing a costly recruitment campaign. And any time you file for PERM, you need to open the position to citizens/LPRs and conduct recruitment to prove that there are no satisfactory candidates immediately available. Back to Green Card Discussion Forum (I-140) Ask a Lawyer. Also, if significant managerial duties are added in the new position, a new PERM will be required. I will be happy if I can keep both active. Lets start with a brief overview of how the H-1B visa works. Later I got promoted to Staff Software QA Engineer. Change in Employment - WSM immigration Hi, I have switched my job recently, but my priority date will become current in few months, so I am in talk with my previous employer for rejoining. Our website is the largest portal in the world on immigration, including more than 200,000 registered members and two million posts onforums.immigration.com. If your petition is accepted and subsequently approved, then youll be issued your visa. Where there is an immigrant visa unavailability the person must wait until the visa priority date becomes current and visas become available to them. As such, the employer must embark upon the PERM process in good faith, acknowledging that it will review the resumes of all applicants who apply for a position as a result of the DOLs regulated recruitment campaign. Can I get promoted after my PERM is approved and i140 - Avvo This article highlights for employers five crucial considerations. Does promotion affect green card's first stage (Perm Labor - Avvo The maker of Bud Light, Anheuser-Busch, said on Tuesday that two of its executives were taking a leave of absence after the beer was featured in a social media . My EB2 case was filed for Senior Software QA Engineer. The tricky part comes in when one of these parameters changes, either during or after the PERM is filed. The lead dentist will have additional duties like oversee day-to-day operations/Supervision. Take the extra money but don't let them change your title. Your employer can contact DOL Helpdesk for a status on the application atplc.atlanta@dol.gov. The Third and Final Step in the Green Card Process by employer sponsorship through PERM labor certification is the I-485 green card application filed to the USCIS by the sponsored employee. EB-2 for most countries have visa availability. You cannot track your PERM status online on the official DOL FLAG website as it can only be accessed by your employer or attorney. Go to company page This new electronic program has improved services to our various stakeholders. A promotion or change in job description during the pendency of a green card can jeopardize the green card process. In order for us to improve the website's functionality and structure, based on how the website is used. The information in this article does not constitute legal advice. The visa priority date is the date the Form 9089 is filed with the DOL. Your salary has increased along with the promotion. In order for our website to perform as well as possible during your visit. Technically, any position other than the one you applied for your PERM with requires a new PERM application, but sometimes not. If this is the case, you will need to file an H-1B amendment to your petition. anyone on same boat? Along with the principal beneficiary lawful permanent resident status is available to their spouse and dependent children. I was in the fulltime employee in H1B and filed for the PERM application. I do not really want to jeopardize that either. A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. or some steps can be avoided? If an employer has performed any layoffs within the last four to six months or plans to commence layoffs in the next six months, it could pose serious problems for the PERM labor certification. PERM & i140 can be filed after you get H1B for your new position. The DOL will provide the employer with a prevailing wage determination (PWD) for the prospective position. It is possible to request the same priority date from the old expired PERM but USCIS may or may not port the date. This communication is not intended as legal advice, and no attorney client relationship results. By Megha1914, June 16, 2017 in PERM. Also, should the PERM and I-140 be done from scratch (i.e Recruitment steps, PWD, PERM and I-140)? The GC priority date is the date U.S. If there is an irreversible and substantial change in your job description, we will have to start the entire green card process from the beginning. Is this correct? In order to file a PERM application, a Prevailing Wage Determination is required and recruitment must be complete. Promotion after PERM approval - Legal Answers - Avvo This PERM has expired and a new PERM should be filed to get a new Green card priority date. What is the approximate time of perm approval? AM22Tech collects PERM approval data shared by users on various online forms and merges it with DOLs official PERM disclosure data to show you the current PERM processing time. Not sure what makes the different. This topic is now archived and is closed to further replies. My questions here are, My H1B 6 year (including recapture) max out on June 13,2019. Wanted to hide my identity but posted the reply with my original username :) anyways here you goLooking for answers from Belle and Joef. I kindly request all of you to share your feedback/advice in this. If your current H-1B employer is the same one that is sponsoring you for your green card, then you should take a look at the green card requirements before making any drastic position changes (i.e. I am trying to get answers from the attorney but as I said our company and the law firm are pretty big and reputed so they are keeping lots of stuff very confidential and not having any direct communication with me. For example, during short-term work placements. Generally, once the I-140 petition is approved by the USCIS the worker may file an I-485 green card application or immigrant petition. You gained the qualifications necessary for EB-2 eligibility and; Yougained a new position that requires your new qualifications either through an H-1B promotion or by getting a different job.

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