Labor Certification: Fill & Download for Free

As long as you hold a valid H1B, then you’re eligible to adjust your status.There are three stages: (1) Obtain PERM Labor Certification; (2) File an I-140 Immigration Petition; and (3) File an I-485 (Adjustment of Status - Green Card Application).Here’s what happens at each stage:1. File PERM Labor Certification (This part on average takes anywhere from 1 to 1 ½ years to complete):Your company needs to engage an immigration attorney to start the process.Your job description needs to be drafted.A Prevailing Wage determination request needs to be submitted to the US Department of Labor (DOL).The position needs to be advertised and active recruiting needs to be activated.Assuming no US workers qualify for the position, a PERM Labor Certification application is filed with the DOL.The DOL processes and issues the Labor Certification.2. File I-140 Immigration Application:After receiving the LCA, the I-140 is ready to be filed.Your credentials are verified for the job and you’re paid the specified wages.3. File I-485 Adjustment of Status:After your I-140 application is approved, you can file the I-485 for an Adjust of Status.The number of visas available depend on your priority date (the date the PERM/LCA was filed), your country of birth, and the classification of your employment.If your I-485 is approved, your H-1B can be extended for an additional 3 years (over the 6 year normal maximum period).You can access a wealth of additional information at the USCIS site.Two important points: (1) It normally takes several years to process - from beginning to end; and (2) there’s more than just a process - following rules and filing forms and documents - involved.When you’re seeking a Green Card, there are important legal strategies that a knowledgeable immigration attorney can help you with. Important considerations about how and when to file certain items can affect the length of processing and even ultimate approval.Your best bet? Talk with a knowledgeable immigration attorney. You can do that at LawTrades, a legal platform that helps small businesses and entrepreneurs obtain the highest quality legal services from experienced attorneys at affordable rates.

Yes, if you were in the US for a total of 6 years - not including business travel days or vacations abroad - then you’ll be required to leave the US for at least one year. We at LawTrades receive this question continually and have helped lots of people figure out effective answers, inexpensively.Here are some exceptions that might help you:You have a labor certification that was filed more than 365 days ago that’s been approved AND a pending I-140 (“Green Card”) petition - you’re eligible for a seventh yearYour employer filed a labor certification that’s been pending for 365 days - you’re eligible for a seventh yearYour I-140 petition was approved - you’re eligible for a three year extension no matter how long your labor certification has been pendingThere are a limited number of other exceptions, so you’re best route is to consult with a knowledgeable immigration lawyer who can help move you skillfully through the process. This is a great investment in yourself since a qualified attorney can add significant value by achieving a more productive and economical result for you.By the way, the US Citizenship and Immigration Services (USCIS) will begin accepting new H-1B quota based visa applications on April 1, 2016. The earliest date to start work on those visas will be October 1, 2016. As a reminder, the cap on regular H-1Bs remains at 65,000 and at 20,000 for US Master Degree H-1Bs.Feel free to check out LawTrades to connect with an immigration attorney on-demand or message me directly if I can answer any additional questions you have about H-1B visas, green cards or other related matters. Hope this helps!

It’s the answer nobody wants to hear: it depends.The labor certificate is the first step to an employment-based green card. The processing time varies from state-to-state and ranges anywhere from 6 months to three years. Of course, that’s after you have filed all the necessary paperwork.The I-140 usually takes about 6 months, but if it requires a labor certification then you are at the mercy of the processing time of the Department of Labor.The uncertainty is a killer, but you should focus on the parts of the process you can control—like making sure you have all of the necessary paper work and that your ducks are in a row, so to speak. It would be beneficial to seek the help of an experienced immigration attorney.LawTrades can connect you with a qualified immigration attorney that has helped with numerous green card application. Check out our website and get in touch for a consultation. If you prefer to get a customized answer to questions like this, you may be interested in our newest feature, Micro. Basically, for a flat fee (usually $25) you can ask an attorney a question and receive a customized response in as little as 48 hours. Let us know how we can help!