PERM - Labor Certification

How can we keep the immigration benefits of an approved I-140 (priority date and the right to extend H-1B beyond six years through any employer)?

Question details

Three months after the I-140 approval, I moved from the location of employment given in my PERM application. I will stay with the same company for 180 days after the I-140 approval. To keep all benefits of an approved I-140 after I change employers, what do I have to do? What is the impact of the change of location? Do I have to prove my intention to keep the job permanently? Will the USCIS revoke the I-140 because of the change of location or if I change employers?

Video URL
FAQ Transcript

The moment your I-140 is approved your priority date is yours to keep. It can only be revoked if there is fraud, misrepresentation or some gross error in your paperwork. You can leave this employer and go somewhere else. You will have to start the green card all over again but you keep that date.
On the other hand, if the I-140 stays approved for 180 days without withdrawal or revocation you also have the right to keep extending your H-1B beyond six years with any employer until your priority date becomes current, when you are supposed to have filed the I-485. Your wife also has the right to keep extending her H-4EAD based upon your H-1B extensions. The I-140 upon approval immediately gives you the priority date to keep forever. That priority date can be transferred across visa categories and job categories. Once the I-140 is approved and stays approved for 180 days you have the right to extend your H-1B through any employer beyond six years, even if you left the employer 10 days after filing the I-140. Therefore you don't have to maintain the job for 180 days. Your I-140 must remain unrevoked for 180 days.

---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Denial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?

Question details

My EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer. The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485. Will there be any impact of the denial on my approved EB-2 I-140 and I-485?

Video URL
FAQ Transcript

I would suggest you sit with your lawyers and figure out if there is a possibility of starting another green card with this employer, while this case is still going on. Because, if you are able to preserve your priority date and get another green card approval through PERM and the employer has the ability to pay wages, then it makes more sense to file another green card through this employer or through any other employer.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

I-485 interfiling to use EB-2 instead of EB-3 with a new employer

Question details

I'm an Indian national living in the USA.

1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.

Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)

Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.

Video URL
FAQ Transcript

1. The reply is “No”. They cannot because employer B’s EB-3 was inherited by employer C, and you never filed a I-485 so that cannot be used.

2. Either go back to the first employer if they have a job offer. You can actually apply for a I485 without joining but this should be discussed with your lawyers in detail. Hence you could file for a I-485 based upon the job offer and I-140 which was approved through employer A but if you want to stick with employer C either you stick with EB-3 or you start another PERM application through them for your EB-2 categorization.

---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

How are PERM minimum job requirements determined?

Question details

Q1. Does it make a PERM and GC case stronger if a job has high minimum job requirements? Because the requirements are very high, it could be easy to prove that no qualified and willing US worker is available for the job.

Q2. If a job has very low minimum job requirements like only a bachelor's degree, does it make a PERM and GC case weaker? Because the requirements are very low, it could be hard to prove that no qualified and willing US worker is available for the job.
 

Video URL
FAQ Transcript

1. Absolutely. At the same time you cannot lie. 
2. Definitely.  Your HR would be a good source for this kind of information. Hence, in principle what you are saying is absolutely correct, but also remember that these papers are filed under penalty of perjury so one has to be meticulously truthful.
 

---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||