mohanbabu400

If a birth certificate does have just an Initial of the last name, will it cause any issues? Does providing an affidavit is suffice? Or any other suggestions?

1) What qualifies for I-140 downgrades? 2) Can an employee having I-140 approved under EB2 qualifies for filing I-485 under Eb3 when Eb3 dates becomes current by downgrading I-140 to EB3?

Employee signature is required on the approved PERM application. So its original as you can find the expiry date of the PERM application on each page

I am not sure if you can reuse the PERM in your case but PERM is valid only for certain period of time. You can see the expiry date on the approved PERM application if you got the copy of it. Its usually valid for 6 months or So.

1) Yes, you are eligible for 3 years and it doesn't mean that you will definitely get 3 years extension 2) No,No, No. Its new PERM so everything will be new and no reference to previous one 3) Yes 4) You can't apply I1485 with I140 from previous employer. I-140 should be approved with current employer to apply for I184 5) H1-EAD is based on valid ( not revoked) I-140 and it doesn't matter who the employer is 6) Yes , H4-EAD is still valid until expired a) Yes, until H4-EAD expired b) NO idea..

3) If new employer files in EB3, then you don't even think of getting current in the recent times, until unless there is a miracle which nobody is expecting. If in EB2, it depends on when your new employer starts your GC process, processing time of PERM etc. There is no short cut here other then waiting for the next train

yes

You can't apply for H4 EAD based on revoked I140

1) NO 2) NO 3) NO NO and Yes ( experience letter) but can be obtained from former manager or colleague

Should be filed before the certified PERM expires which is usually 6 months. You can check the expiry date on the certified PERM application

This was from my attorney when i asked about experience letters "The ideal option is to obtain an experience letter from the employer which states that your were was full time and includes his title, start and end dates of employment and a detailed description of the duties, either signed by your former manager or the HR department. The second option would be a letter from a former manager that no longer works at the company which states that he was your manager at [name and address of company] and therefore has knowledge of his experience. The third option would be a letter from a former co-worker. Options two and three (especially option three) are accepted at the discretion of the USCIS and additional documentation should also be submitted such as evidence of attempts to obtain a letter from the employer, and their response, plus any other documentation to evidence he was employed at the company. If the former employer is willing to sign a letter just confirming your title and dates of employment which is then supplemented by a more detailed letter regarding his duties from a former manager, this would be acceptable." Hope your attorney should know this too

i don't think that's an issue. I don't think anybody uses resume as reference. As long as the dates in the experience letters and perm applications matches, you are good.

03/19/2015: Executive Departments Already Submitted Modernization Proposals to the White House This is a very good news. Informaton also indicates that the stakeholders may learn the details soon. Very good!

I assume the labor filed date is March 06, 2015 and not 2014. 1) If you have any re-capture time left ( like if you have traveled outside US during your 6 years of H1B and not captured already ), then this time can be used towards your 6 years of H1B time and hence you can come under 365 days rule 2) If option 1) is not available, then lot of people do travel outside US for certain period to get the recapture time, get H1B extension based on 365 days rule 3) Depending on the kid of company( Consultancy or Good-Standing product company) you work for, you might get into trouble if you travel in oct-nov as you need to prove employer-employee relations ship or work at clients etc to the customs officer. If you work for a good standing product based company, then the risk is very minimal to none. 4) As per the current processing times, its taking about 5 to 6 months and it might change by end of the year 5) There shouldn't be any issues when you go for stamping as long as you could provide all documents and company history is good

Company policies are clueless in this matter. Screw that company and look for a better company.

First - You got to trust your attorney until unless you don't trust your company. And yes only they can check the status/ employer in case if employer filed it for you Second - you might have already searched and there is no way to check the status on any site until unless either its approved or denied. you can check here - https://icert.doleta.gov/index.cfm?event=ehLCJRExternal.dspQuickCertSearch case type - PERM Employer Name: name of the petition holder state - state where PERM is filed and the date range you can see all those approved or denied and there is no middle status

I think only attorneys can evaluate this sensibly.

First of all, negotiate with your Client/Future employer to get the GC process started as soon as possible(may be after 6 months??). Let them know it takes lot of time for the process for each stage. I know they say its the company policy but if you have upper hand they might do it. When you transfer to new employer and in case if you don't get your H1B visa for 3 years ( worst case), then processing GC after 1 year will do no good for you. You calculate the math on how many days you will have Second - You can do I-140 in premium/ file I-140 and I-485 concurrently if your PD is current at the time of filing I-140. You can't do anything other then waiting if it becomes current before PERM approved Third - The only time the status of current I-140 will matter for you is if you want to move out of your Future employer, then if your I140 is not revoked then you can use it for further H1B extensions with the new employer.

you can as long as I-140 is not revoked from old employer

Some where its said that these actions require change in the regulations. Any change in the regulation usually requires about 9 months time. But as this is executive action, USCIS et al are trying to make it in 6 months. Have to wait to hear from Attorneys if they have any more information on this

Yes you are as long as the requirements for the job says "Bachelor degree with at least 5 years"

You need to get/submit the experience letter depending on which organization experience you are showing in PERM application and of course it ties to the job requirement. Its always possible to get the experience letters from previous organization. I did get experience letters from my ex-employers even after 10 years. It would be much easy if you know some one working in the company or else talk to HR directly

Until unless you want to screw yourself and your employer, its not recommended or legal as you are trying to show some positions for the same employee.

There will be no problem at all. In fact you can have multiple H1B's approved on your name and work for any company you desired

Read "Employee Rights" section completely. Ask your employer the reason for asking you to pay in an email Keep everything in email. http://www.dol.gov/compliance/guide/h1b.htm You can screw them if you would like as long as you are not involved in any fraud activities related to your employment. /Mohan