Recording Available, January 14, 2016 Community Conference Call with Attorney Rajiv S. Khanna

My I-40 was approved in 2013, I am planning to join new employer, can my new employer do I-140 porting ? so my new employer don't need to start my PERM and I-140 again ?
I am sure my present employer will revoke my green card once i will leave him.

FAQ: Filing multiple PERM/green card petitions
Dear Rajiv sir,

My question is related the PERM. My current employer has submitted my perm in APRIL 2015. After waiting for 9 months, we received an audit on my perm. Based on the current trend the wait time for audit is at least one year. As we respond to audit and wait for the result,There is a risk my perm might be denied after waiting for one more. In order to avoid that situation,Can my employer initiate new PERM for me.Bottom line, Can a employer file multiple PERM for the same employee at the same time(one audit, one new). What are pros and cons of filing multiple Perms through same employer. I have the option of moving to new employer and I am not sure if i have to stick to my employer for green card or move to new employer and start afresh.

Please provide yours inputs on my situation.


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Hi Rajiv,
Im currently employed on F1 OPT and is expiring on 19th May 2016. My employer is applying for my H1.
My spouse is on a H1 and has a i140, if my H1 doesnt get through the Random selection process(Lottery), then can i apply for COS to H4 and EAD concurrently?
Will i receive both the approvals at the same time or will i get my H4 first?
I dont want to have any gap in employment or atleast reduce the gap in employment.
what would you suggest as the best course of action?

Hi Rajiv,

I have question for my old PERM. I got approval on PERM in 2010 and also
I-140 got approved in 2010. My company got an audit on my PERM in 2011 and
asked for more documentation. It was denied by labor department due to
company did not do advertisement properly. They missed posing date on
advertisement. They filed MTR with all the requested documents (
Advertisement Copy) but CO did not satisfied and send the case to BALCA in
2011. I am not sure it is still in BALCA court or court has taken the
decision. I have left my employer also in 2012 and moved to Canada on PR.
Now I am also planning to come back in states:
My question :
Can I use to port my priority date for new GC filing because my I-140 was
approved and it is also on approved status?

Looking forward hearing from you soon.

Hello Sir,
I am currently on H1b and i have i-140 approved with my previous employer. If i decide to quit and go on h4 with my spouse. What impact does it have on my GC process or approved I-140.
Thanks for your help.
Hello Rajiv Ji,
I got by H1b extenseion denied in september and returned to India. I applied for H4 and get it stamped and came back to US on Dec 17th. My new employer filed my H1 after i came to US and they have done it under regular processing and upgraded to premium after receiving receipt number. Now, Is it legal to work on the receipt number as it is COS?

Thank you for your help!!
FAQ: Green card EB-1C international executive or manager, L-1A
Hello Rajiv,

I possess two graduate degrees (MS Computer Engineering - University of Florida and an MBA - University of Central Florida). I currently work as the Chief Technology Officer in a relatively well known Sporting Goods company. In addition to this, I have cofounded and partly own multiple successful business and serve as a board member and CTO of these companies, with a presence in the US and India. I am currently on H1-B Visa and I am planning to apply for a green card as soon as possible.

I have the option of returning to India for a year to serve in an executive capacity(CEO) for one of the companies I cofounded, to satisfy the requirement of needing to have worked outside the US in a managerial or Executive capacity for the EB-1C category. Considering that this company has a major stake (65%) owned by a US company and can be legally classified as a subsidiary, will this let me become eligible to file a strong application under the EB1-C Category. Is this a safe and legal way to seek a green card without having to endure a lengthy wait through the PERM and EB2 process.

Thank you for your help!!
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