PERM - Labor Certification

Recording for May 23, 2024 Conference Call with Rajiv S. Khanna

FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.

B-2 visa dilemma: Extend or switch to CPT for PERM/I-140

Question details

I am currently on a B2 status and waiting for PERM approval. I have extended my B2 once, and I still think I would need another six months until my perm and I140 get approved. I need your suggestion in making a decision:

Should I move to day 1 CPT OR extend my B2 for another six months?

Which one will be the best option so I don’t get any RFEs from USCIS in the future?

I have another question: My parents and brother have their B2 visa interview scheduled for May 31st. If they ask my parents about me, is it a good idea to mention my situation in the interview?

 

Video URL
FAQ Transcript

If you are on a B-2 visa waiting for PERM approval. You can choose between:
Day 1 CPT: Allows you to work while studying but requires school enrollment.
B-2 extension: Extends your stay but may not allow work. Choosing depends on your work needs and ability to enroll in school.
Regarding your parents' visa interview, advise them to answer truthfully about your situation. Don't misrepresent information to USCIS.

Recording for March 28, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

Discussion Topics:

FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment 

EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role

Question details

Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role

I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?

If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?

Q2. Filing of GC

If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?

 

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FAQ Transcript

Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.

Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.

Recording for March 14, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485