Attorney_10

Additional information would be required to advise on this matter. You should speak with an experienced U.S. immigration attorney who can obtain all relevant facts and advise accordingly based on your mother's specific circumstances.

An I-130 petition alone does not grant status nor place an individual in a period of authorized stay. Was an I-485 application for adjustment of status filed for your mother too?

An individual must be in valid nonimmigrant status to file an employment based I-485 application. The facts are not entirely clear from your question, but it appears that both you and your wife have pending I-485 applications based on your wife's I-140 petition (as primary and derivative). USCIS generally recommends against filing more than one I-485 application per applicant. Therefore, if you are both otherwise eligible, it may be preferable to request a transfer of underlying basis to your pending or approved I-140 rather than file new I-485 applications. Considering the detailed nature of your inquiry and circumstances, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach.

You should consult with a qualified employment law attorney.

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach.

An employer can demonstrate the company's ability to pay the prevailing wage in various ways, depending on the circumstances. An employer is not required to pay the prevailing wage before filing the PERM. However, if the company is already paying the PERM beneficiary employee a salary at or above the prevailing wage when the labor certification is filed, USCIS may consider this as additional evidence of the company's ability to pay the prevailing wage.

In general, an individual in H1B status who departs the United States and is paroled back into the United States may apply for an extension of H1B status if the individual still has a valid and approved petition. To be clear, this relates to H1B status as reflected on an individual's I-94. A visa is a travel document that must be renewed separately.

For the PERM process, an employer is only required to pay the employee the prevailing wage when the employee becomes a lawful permanent. However, the employer must have the ability to pay the prevailing wage from the priority date (i.e., when the labor certification is filed) until the employee becomes a lawful permanent resident. If the employer has concerns about the ability to pay, an immigration attorney should be consulted.

A U.S. citizen can consider filing a petition for a fiancé before a marriage or a family-based immigrant petition after the marriage. There are pros and cons to each approach. Every case is different and there are many personal variables that can influence an individual's decision. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach.

Form I-751, Petition to Remove Conditions on Residence, typically must be filed during the 90-day period immediately before the conditional residence expires. A dependent child who who acquired conditional resident status together with a parent generally does not need a second application. Considering your wife's prior divorce and unclear timeline provided in your question, prior to taking any specific action it would be advisable to speak with an experienced U.S. immigration attorney.

In certain situations, an individual may use cross-chargeability and charge their priority date to their spouse’s country of birth rather than their own country of birth.

A temporary visit with friends or relatives can be a permitted purpose of a visitor visa.

Whether you will successfully be able to reapply for a B-2 visa will depend on the circumstances when your visa was cancelled and your circumstances now. For example, if a B-2 visa is denied or cancelled for immigrant intent, then an individual should be able to present evidence of significant changes in circumstances since the last application. Prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach.

The PERM process is for a future position which the employee will work in upon the receipt of a green card. At that time, the employee must work from the location listed on the labor certification (ETA Form 9089). The I-140 filing or approval does not alter this requirement, and if the employee will ultimately be working from a different location, then a new PERM is required. However, before the employee receives the green card, the employee does not necessarily need to work from the location on the 9089. It is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach.

If you have only filed an I-130 petition for your parents and the petition is for consular processing, then your parents may be able to visit the US on their B-2 visas while the I-130 petition is pending. If asked, your parents must disclose to the officer at the port of entry that they are beneficiaries of I-130 petitions. Because there are multiple factors that can impact your parent's travel on B-2 and how they pursue their green cards, it is advisable to speak with an experienced U.S. immigration attorney prior to taking any specific action.