Legal Question in Immigration Law in New York

Re: Filing for GC processing in 2007

Assuming that your US employer is petitioning on your behalf, the process involves labor certification, I-140 petition for you as foreign worker and your application for adjustment of status. Nothing can proceed without a job offer though you do not have to commence employment until your LPR status is approved.

Currently most employment-based preference categories are current, meaning that there is no visa backlog, but of course this can and probably will change shortly.

There are many different bases for rejection by DOL or USCIS but many fit within the following areas: employer's ability to pay, actual vs. prevailing wage, nature of position (educational, professional and other minimum requirements) and employee's qualifications. Contact an immigration attorney if you need legal advice for your specific situation. This is an extremely specialized area of immigration law that calls for professional assistance.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

Re: Filing for GC processing in 2007

It looks like you are applying for labor certification/PERM. Unfortunately, you are not providing enough information for me to answer your questions. On a general note, it is a very good idea to retain an immigration attorney to represent you in your PERM case because these cases are complex. Should you wish to consult or retain an immigration attorney, I would be happy to help you.

Re: Filing for GC processing in 2007

Acceptance and rejection of PERM and I-140 depend upon how your application is prepared. You need to see an immigration attorney to assist you with this process. If the priority remains current you could be lucky.

Best,

shahla