• With approved i140, you are eligible to file 3 year H1B extension.
• With approved PERM and pending i140, you can only file a 1 year H1B extension, and that too if PERM was filed 365 days ago.
• With pending PERM filed 365 days ago, your Employer can request a 1-year extension for you before the end of the 6th year.
• With no PERM or i140, you cannot extend H1B in the 7th year. You should leave the US at the end of the 6-year quota. You can stay outside the US for 365 days and can apply for H-1B again in the cap-subject lottery.

Most highly skilled workers on L1A visas in the US are eligible for the EB1C manager fast green card category. But, since, it is backlogged for Indians and China-born people, they change their status to H1B after L1’s quota is over.

I140 PD date can be ported to retain your spot in the GC queue.

PERM and i140 can be filed even if you are outside the USA after the 6th year.

Example:

PERM and i140 can be filed and approved even if you left the US to work from India.

i140 Pending

My suggestion is to upgrade your i140 application to premium if you are on the verge of reaching your max out. Get approval in 15 days and immediately file an extension.

If you cannot file a premium upgrade like in the case of EB1-C, you should try to recapture your vacation time to push the 6th year-end date forward. This is a strategy suggested by attorneys as USCIS allows you to reclaim your days spent outside the USA as legal H1B time.

If you have zero days left to recapture, you can:

• Visit Canada or Mexico for a short term like 30-60 days before the start of the 7th year. You can use AVR to return to the US within 30 days.
• Visit a home country like China or India and then come back to the US and extend your 6th-year end date.

H1B recapture means filing an H1B extension to push your 6-year end date forward by utilizing your holidays spent outside the US.

H1B Transfer with i140

You can request i140 information directly from USCIS if your employer is not sharing it.

#1 I-140 Pending

You can file an H1B transfer while your i140 is pending approval.

I-140 petition is for a future job with Employer A and hence, unless I-140 is explicitly revoked by your Employer A (current employer), the petition remains valid and will reach a decision stage someday.

You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending.

#2 I-140 Approved

You can file an H1B transfer with an approved i140 and get a 3-year extension after a 6-year quota.

Your employer A can revoke the I-140 if 180 days have not passed from the date it was approved.

You can use your I-140 priority date to port to new employer B.

Employer Revokes i140 after H1B Transfer

#1 I-140 revoked before approval

You cannot use i140 for an extension if it has been revoked by the employer before its approval.

#2 I-140 revoked after 180 days of approval

You can use the approved I-140 to maintain your priority date with new Employer B by filing a new PERM and I140.

#3 I-140 is approved and NOT revoked by Employer A

You can use the approved I-140 to maintain your priority date with new Employer B by filing a new PERM and I140.
You can join Employer A as and when your Priority Date becomes current and file your I-485 for a green card.

If your Green card priority date from EB2 is current in the EB3 chart, you can file EB2 to EB3 downgrade by filing a new EB3 i140 using EB2 PERM.

Leave the US, Come Back In the Future?

You can leave the US and come back anytime in the future through a current or a different employer once your date is current.

The only thing to take care of is your i140 should not be withdrawn. The best way to ensure this is to stay with the current employer for at least 180 days after i140 approval.

• i140 stays valid until your Green card priority date gets current.
• The current USCIS rules say that you should file your Green card application within 1 year of your date getting current.

Many H1B workers in the US are currently filing Canada or Australia PR and are moving there with approved i140 in hand. They plan to return to the US once their EB2 or EB1 priority date is current and they can file an i485 Adjustment of status.

Can I file an H1B Extension Cap Exempt Anytime?

Many people also return to their home countries like India or China and plan to come back to the USA later.

In this case, you can file an H1B extension as a cap-exempt if you have an approved i140.

• There is no expiry date mentioned on the I-140 approval.
• You can use it with as many employers as you want until your date of the green card gets current.

FAQ

The post H1B Extension after 6 Years Max Out (i140 Transfer & Recapture Days) appeared first on AM22Tech.

Filing B1, B2 Visa COS

What most people are doing based on their H1B employer & attorneys plan of action:

1. Stop working 1 week before your H1B max out date (end of 6th year).
2. File H1B to B1 or B2 Change of status Application using form i-539. Also, file H4 to B2 COS for your dependents. B1/B2 change of status fees.
3. Wait for i140 approval.
4. File H1B extension with ‘consular processing’ with approved i140.

The best option would be to exit the US rather than filing a B1 or B2 change of status. If you cannot travel due to COVID-19 travel restrictions, you can follow the plan listed above.

Once your i140 is approved, you will follow this plan to get back onto H1B status and start working:

B2 Approved

If your B2 Change of Status application has already been approved by USCIS, then you can file your B2 to H1B Change of Status application along with your approved i140 copy.

You will be lucky if your B2 gets approved within 3 months though.

B2 Pending

If the B2 application is pending with USCIS, the safer, faster, and recommended option is to file an H1B extension with the ‘consular processing‘ option.

Applying for an H1B extension with the option to get a visa stamp outside the US is preferred because:

• USCIS will not approve your H1B until your pending B2 COS is approved first.
• B2 approval can months without any premium processing option.

On the other hand, you can get H1B approval within 15 days using premium processing and then go out to Mexico or Canada to get the visa stamp and return to the US for work.

This is the same guidance that many lawyers including attorney Rahul Reddy from Reddy-n-Neumann PC. Listen to him in this video chat here (watch from 21:08 to 22:56):

FAQ

The post H1B Extension after i140 Approval (with B2 COS Pending after 6-yr Max Out) appeared first on AM22Tech.

There are a couple of thoughts going around as many people have multiple i140 approvals in their hands and their employer is not agreeing to file i-485 if the priority date is current in the ‘filing-date’ chart.

The main thing to understand here is that you can file i-485 without an employer but the USCIS cannot approve it without a valid and current offer of employment from a US employer.

This holds true for all employment-based green card queues like EB-1, EB-2, and EB-3.

File i485 if I Have Both EB2 and EB3 i-140 Approvals?

Here is one situation:

1. My EB-3 i140 is approved with employer A. i140 has not been revoked.
2. My EB-2 i140 has been approved by employer B.
3. My EB2 Priority date is current in the EB-3 Date of filing chart.
4. Employer A is not ready to file i-485 since I am not working for them.

Can I file i-485 myself to take advantage of the EB-3 final action chart?

Our Suggestion

i-485 is a personal application and many employers do charge you to file it too. In that sense, you can file i-485 yourself with your own personal attorney.

But you will still need a valid offer of employment from a US employer and preferably a 485J supplement to avoid any denials. Most attorneys will not advise you to file it without the current job offer and 485J as the chances of denial are very high.

Supplement J form is provided by an employer which tells USCIS that a valid job position still exists in the same or similar profession for which the initial PERM was approved.

You will need to carry the job offer letter with you to the i-485 employment-based Green card interview.

Complete i485 green card documents list.

File EB2 to EB3 Downgrade Myself?

Filing an EB2 to EB3 downgrade means filing EB3 i140 and i140 can only be filed by a US employer.

Hence, you cannot yourself downgrade your application.

You can opt to hire your private attorney to file the downgrade if your employer agrees to help them with all the documents required to file an i-140 application.

You can also upgrade your EB2 to EB3 i140 to premium if you think your ‘Final Action’ date might get current soon.

FAQ

The post Can I file I-485 without Employer Consent (EB2 to EB3 Myself?) appeared first on AM22Tech.

i140 status updates follow this sequence in most cases:

1. Received – The status changes to ‘Received’ as and when USCIS receives your application.
2. Initial Review – Usually this is the status you see when you file the premium processing upgrade for i140.
3. Name Was Updated – Some people see this status after filing a premium upgrade. There is no real difference between ‘Initial Review’ and ‘Name Was Updated’ in this case as both mean that your application for premium has been accepted.
4. RFE (Request for Evidence) – USCIS may send a request for additional documents if required to process your i140. You may or may not receive it based on how your employer or attorney has created your package. The most common reason for i140 RFE is the employer’s ability to pay.
5. Approved (Post Decision Activity) – Approval means i-140 has been approved and your Green card priority date has been locked.

i140 Premium

Most i140 applications are eligible for premium processing except EB1-C. You can file a premium upgrade at the time of filing i140 or anytime after i140 has been filed.

The i140 premium processing fee is $2500 at this time and can be paid either by you or your employer. You can pay the premium fee legally to USCIS.

Once the premium processing fee check is cashed, you can be assured that USCIS has accepted to process your application in 15 calendar days.

You can check your application status on the USCIS website and it should show that ‘Request for premium processing service was received’.

EB2 to EB3 Downgrade Premium

Many people who file EB2 to EB3 downgrade i140 might not get their premium upgrade accepted easily by USCIS. The USCIS officer looks at the original PERM that you filed with EB2 in their records and then makes a decision with respect to allowing premium processing in 15 days.

The premium service has a direct call and email address for employer queries. This is an example for Texas service center:

It is possible that the officer denies the premium upgrade immediately on the i-907 receipt. In this case, your i140 application status will not change at all.

• There is no need to worry if the premium processing request is denied as it does not affect the underlying i140.
• You can retry requesting the i140 premium again in 2-4 weeks without any risk.

In most cases, attorneys refile the premium request in 3 weeks and have got accepted in their second or third attempt, if not first.

Once the officer accepts the i140 premium request, your i-140 case status will either change to ‘Initial Review’ or ‘Name was Updated’.

Both mean the same to us but may have different meanings in USCIS internally. We are not aware of any adverse decision in either case. Hence, it does not make any difference and you should get the approval within a week or two after this status change.

This general language on the i-140 status update email may not be applicable to cases where you did not file the i-485 simply because your priority date is not current.

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant’s/petitioner’s criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.

Example

For this EB2 to EB3 downgrade case with a receipt date of Oct 27, 2020, for EB3 i-140, the premium processing was accepted by USCIS on June 7, 2021, in the first attempt itself at the Texas service center.

Jan 7, 2021, was the USCIS notice print date for this EB2 to EB3 downgrade case. Oct 27, 2020, is the same date as FedEx delivered the package to the USCIS lockbox in Texas.

You can assume that the i-140 premium processing application has been accepted by the USCIS office in downgrade case if:

• The status of the case was changed to ‘Initial review’ or ‘Name was Updated’ OR
• The premium processing check was cashed.

Should I Upgrade My i140 to premium?

A straightforward answer is yes if you do not have any H4/L2-dependent kids.

If you do have kids that need a green-card based on you, then you should take time to analyze and evaluate the age-out factor.

• As a general rule of thumb, if your child is 16 or above and your ‘final action’ is not going to be current in the next 3-4 years, you should wait and not upgrade to premium. The more time USCIS spends on your i-140 application, the better it is for your child.
• The number of days i-140 is pending will be reduced from your child’s age as and when the date gets current in the ‘Final action’ chart.

You can track the visa bulletin and predict your Green card dates using this app. This app uses Artificial intelligence to estimate the future visa bulletin movements and then suggests the month when your PD date may get current.

This can give you a ballpark estimate on when to expect the ‘Final Action’ to be current to lock your child’s age.

FAQ

The post I-140 Status Initial Review – Updated Your Name (EB2 to EB3 Premium) appeared first on AM22Tech.

You can check your H1B LCA case status on Department of Labor (DOL)’s FLAG website here. Enter your CA case number and you will be able to see its current status without employer’s help.

The other option to check LCA status is using the quarterly data shared by DOL on its Data Disclosure page.

• Download the excel file given under the LCA programs panel.
• Open and check data.

Note that this is historic data and will probably not show your LCA details if you have just filed it a couple of days ago. DOL uploads new data in April, July, Oct, and Jan. So, you can expect it to be 1-month old data based on when you are checking.

Normally, an LCA is certified within 15 days of filing and hence you will never be able to get its status online on the DOL website under the new website known as the flag system.

H1B SOC-CODE on LCA

See the highlighted point 2 on your LCA for your H1B SOC-code.

What is LCA?

LCA is a Labor Condition Application. LCA is required for filing the H1B work visa application.

Form 9035 is used to fill up an LCA application.

H1B1 and E3 visa applications also need LCA to inform American workers and protect their rights.

LCA includes information about a full-time job along with start and end date. Your SOC code and job title is a very important part of H1B specialty occupation criteria.

You should choose it very carefully as USCIS denies the application if your job does not require special skills.

H1B LCA Salary

All H1B, H1B1 and E-3 LCAs are uploaded by DOL on their website in an excel sheet format for public viewing.

You can search your H1B salary and compare it with your co-worker’s pay using am22tech’s H1B salary search app here:

PERM LCA Status Online

You cannot check your PERM case status online on the DOL Flag site yourself. Only your employer or attorney has access to the DOL website to monitor your case status while it is pending.

Instead, you can use this PERM processing time estimator that tries to find an estimated date for your PERM approval based on similar case data:

Your green card sponsor employer will also receive the PERM audit notice if your application is part of about 30% of cases that are normally audited.

You will be able to see the status as ‘Certified’ when your Permanent labor application is finally approved though.

LCA Processing Time

LCA processing time is 5 to 10 days when filed online on ICERT website.

PERM is a permanent LCA for your US green card application. PERM processing takes about 4-6 months.

H1B1 from Singapore, Chile, and E3 from Australia applicants can directly apply for their work visa in the US embassy with approved LCA.

Is LCA data publicly available?

LCA is available for the public online on the ICERT website. You can see your co-worker salary, job title, and employer data online easily.

If you are working in the USA on an H1B visa, your LCA will also be available online. 

You can find your H1B employer’s US office address and email from LCA section D – employer point of contact information:

iCERT Case Number

iCERT case numbers are generated by the Office of Foreign Labor Certification (OFLC) Department of Labor for each application you submit for processing.

OFLC case numbers format:

[Visa Program Designation]-[3-digit Visa ID]-[5-digit Julian Date]-[6-digit Number Assignment]

Example: G-100-12345-123456

Visa Program designation includes the following values:

• G, A = PERM Application
• I = Labor Condition Application
• H = H-2A and H-2B Applications

3-Digit Visa ID (000) values are hard coded and include the following values:

• 100 = Basic PERM Application
• 101 = PERM Application for Professional Athletes
• 200 = H-1B
• 201 = H-1B1 Chile
• 202 = H-1B1 Singapore
• 203 = E-3 Australian
• 300 = H-2A
• 400 = H-2B

The next 5 digits indicate the Julian Date on which the case was submitted for processing.

The next 6 digits indicate a random number assigned to the case by the iCERT System.

DOL FLAG system

The Foreign Labor Application Gateway (FLAG) is a cloud-based portal designed to replace OFLC’s current iCERT System and will serve as the new application filing and case management solution for all foreign labor certification programs

FAQ

The post Check LCA Status Online, H1B Salary (Processing Time) appeared first on AM22Tech.