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From January 2000 to October 2006 I have been working in USA on H1B visa. I was working for 3 employers. I started to work for my last employer in april of 2004. I am software developer and prior to joining the last employer I have had 5 years of experience and I also have master's degree from Russian university (although I didnt evaluated it yet). In october 2004, my last employer filled ny labor certification case, RIR EB-3. In october 2006 I stopped working for my employer and moved out to Canada, where I have permanent resident status.  I left on my own without being fired, or layed off and I still have good relationship with my employer. The reason for my leaving was that my status in Canada was about to expire and to get green card on EB-3 RIR  it might take anywhere from 4 to 6 years and may be even more. I also was told that if I were to start PERM and EB-2 case I would have to start over and I may be out of status because I have been in the US for more than 6 years.  Now I would like to file EB-2 case. My employer will support me but I will have to pay for all the expences.
The questions that I have are the following:
1) How much money will you charge for taking my case? Can you break it down for all the steps, such as labor, I-140 and adjustment of status?
2) How much more will I have to pay for ads and other things?
3) What involvement is required from my employer?
4) Since I am not currently working for my employer how high is the probability of success of my case. I don't want to have another H1B visa and I would like to come back to US and start working for my employer upon the filing of I-140 petition or whenever it is possible?
5) Would it help my case if I work for my employer as a consultant from Canada?  

Answer
Hi,

It is OK if you exceeded 6 years in H-1B status because H-1B status can be extended beyond six years if a labor certification was filed at least one year before you completed six years in H-1B status. Therefore, you do not appear to be subject to any bans to entry into the U.S.

A PERM application can be filed for you under EB-2. You do not need to work for the sponsoring employer, since this is a job offer in the "future". If the employer will make a net profit in the year 2006, the probability of success is very high. Ideally, the amount of the net profit of the employer will exceed the salary being offered to you, but this is our recommendation and is not a statutory requirement. It is neither helpful or hurtful if you work for the employer as a consultant in Canada.

The position will be advertised in the paper and on the
internet, among other sources.

Our legal fee is $5000 for PERM as stated on our website at
http://www.h1b1.com/feechart.htm. We expect a
deposit of $2000 payable to Ajay K. Arora to commence
work on PERM. The second installment ($2000) of our legal fee is due at the time of filing PERM with
the Dept. of Labor.The third installment ($1000) is due upon PERM approval.

We charge a legal fee of $1000 additional to prepare and file the Petition for Immigrant
Worker (Form I-140) with the USCIS pursuant to PERM approval.

We charge a legal fee of $1000 additional as well to prepare and file the Adjustment of Status
application (Form I-485). All family members (spouse/children, if
applicable) will receive their green cards at the same time.

To summarize, our legal fee for PERM is $5000. Our legal fee
for the Petition for Immigrant Worker is $1000. Our legal fee for the
Adjustment of Status application is $1000. Our legal fee does not include the
cost of advertising (about $400 to $1400--you will be billed by the
newspaper) or USCIS fees. There is no Department of Labor filing fee for
PERM.

We would request copy of the H-1B petition that was filed for you earlier by your employer. We would also request copy of the following: resume; degree cert. or diploma and transcripts (translated into english, if applicable); credentials evaluation to equate your degree to the U.S. equivalent by an independent evaluator (the cost for this is $150 if we need to get this done). You will need employment experience letters at the I-140 stage covering at least 5 years of employment experience. If you qualify for EB-2 based purely on your master's degree (this depends on your credentials evaluation), then 5 years of employment experience (through employers other than the sponsoring employer) is not required.

Please note that PERM is technical in nature and the
procedural requirements are numerous. There must be a balance between the
requirements of the job and the employee's qualifications. However, the
requirements cannot be "tailored" to the employee's background, but at the
same time very lax requirements may result in receiving more resumes than
anticipated from U.S. workers. Our law firm is very experienced in these matters.

Please do not hesitate to call or e-mail if I can be of further assistance. Our firm's phone # during business hours is 212-268-3580 and the email is info@h1b1.com

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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