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Everything posted by redgreenbluee

  1. redgreenbluee

    Can the PERM process be intiated and filed in 1 months time?

    please consult a lawyer. PERM process is usually longer than a month cause u need request prev wage from DOL, post sunday ads and additional recruitment effort before u can submit, file PERM. you can request and post ads at the same time but if the prev wage is higher than the one posted on the ads, you cannot use it as part of PERM application.
  2. redgreenbluee

    EB2 Eligibility

    please consult a lawyer. EB category is based on job responsibilities in addition to your credentials. you can have more than 5 years of exp and/or higher degree but if job position only requires EB3, it is classified as is. option is to find a different job position that requires EB2 (and also qualify in that position).
  3. please consult a lawyer. you need to be outside the US for one year and apply new H1 subject to cap for 6 years reset. if you stay outside the US for one year but use H1 extension to return, no reset.
  4. please consult a lawyer. if you are physically in the US, when PD is current, you will apply AOS to get GC. if you are outside the US, when PD is current, you will apply CP to get GC. in both cases, your employer has a job (future employment) for you once your GC is approved.
  5. please consult a lawyer. no, unless specified in the interview appointment. it helps the case if you can make time (and attend) for your father's interview.
  6. redgreenbluee

    I-140 RFE - ability to pay - new employer

    please consult a lawyer. it is best to provide the documents asked on RFE. since your PD is 11/2009, uscis would want to see prior year 2008 (just like you file 2012 tax in 2013). you are correct that they should be interested in checking employer B's ability to pay in reference to your join date of 10/2012. regardless, if you can prove that starting from 2008 that your current petitioner (employer B) has the ability to pay your prev wage, it should not be an issue.
  7. redgreenbluee

    Impact on GC if working in Japan

    please consult a lawyer. GC is for future employment, once PD is current, you can continue with the process. in the meantime, you are free to work in japan and it should not affect your petition as long as the need for the job position remains open (for you).
  8. redgreenbluee

    H1 Petition validity based on H4

    please consult a lawyer. last action rule applies, if you extend your H4, you will be on H4 and will need COS to H1 later on. you can also just leave between now and 10/1, get H1 visa stamp and return (up to 10 days earlier) for your H1 start/work.
  9. please consult a lawyer. last action rule applies so timing is tricky. if your wife gets her F2 approval after her H1 approval, she will be on F2. it is safer if she gets her H1 approval, leaves the country and get H1 visa stamp and return to work on 10/1. it is best to consult an immigration lawyer for possible alternatives.
  10. redgreenbluee

    I-485 Filing

    please consult a lawyer. yes, your PD needs to be current before you can apply I-485. yes, you need to have pending I-485 for more than 180 days to invoke AC21. yes, if you change your employer you will need to start again with PERM unless you invoke AC21. yes, you will need a new PERM for EB2, you can however port your EB3 PD to EB2.
  11. redgreenbluee


    please consult a lawyer. it means uscis will schedule your interview once they complete processing on their end. your status will eventually change to "scheduled for interview" and you will receive a letter on the interview date. you may or may not receive a yellow sheet letter (document checklist to bring in interview) depending if they need more supporting documents from you.
  12. please consult a lawyer. with an approved i-140, beneficiary is eligible to apply H1 extension beyond 6th year even if PD is current (due to cross-chargeability in your case). it is also possible to re-capture any time outside the US.
  13. please consult a lawyer. wait until you get your USC and re-apply your spouse, a USC can petition his/her overstayed spouse (not on LPR) if spouse has entered the country legally. if your spouse leave US, her overstay may pose as a problem for her to return. better to stay and wait until you get your USC and petition your spouse afterwards.
  14. redgreenbluee


    please consult a lawyer. maybe you are referring to BS plus 5 years of progressive experience for qualifying as EB2.
  15. redgreenbluee

    Negligence & lack of transparency to file GC

    please consult a lawyer. unfortunately, an employer is not obligated to file your GC, even if they agreed to do it. you can consult a labor lawyer with your employment letter if you can pursue your employer about it.
  16. please consult a lawyer. schedule an infopass and ask for details on your wife's application.
  17. please consult a lawyer. EAD is only possible with pending I-485. If your wife has a pending I-485 (maybe when your PD was current before), she is eligible for EAD (and AP).
  18. redgreenbluee

    Does S-Corp can sponsor H1B ?

    please consult a lawyer. yes, all H1 rules/eligibility applies to get an approval.
  19. please consult a lawyer. you do not alter your I-485. once your PD becomes current again, your wife is eligible to apply I-485 as your dependent.
  20. please consult a lawyer. if you are waiting for a visa number, it means your I-485 is still pending. with pending I-485, you are AOS pending (not really a status) and you are allowed to work on EAD (but not required) and stay in the US legally. consult a lawyer and ask help from your local congressman to inquire about your approved I-485 (if not pending).
  21. redgreenbluee

    Are the gaps during H1B 6 yrs period counted?

    please consult a lawyer. yes, you can re-capture H1 time during periods you were outside the US.
  22. redgreenbluee

    Changing employer, retain Priority Date

    please consult a lawyer. you got most of the information you need. to retain your PD, you will need an approved I-140. once you have an approved I-140, you can retain your PD with a new employer, you will need to start with LC again (then I-140). yes, you can start LC (and I-140) with a different employer as GC is for future employment.
  23. please consult a lawyer. file I-130 (petition from your spouse), after getting I-130 approval, interfile it with your existing I-485.
  24. redgreenbluee

    H1B extension after expired I-94

    please consult a lawyer. first of all, you need to apply H1 extension before your current H1 status expires (9/30). while you H1 extension is pending (even after 9/30), you are eligible to stay and work for your employer, but if you get a denial on your H1 extension, you are immediately out of status retroactive from 9/30. it should not be an issue if you get an approval with a new I-94, the new I-94 replaces your current 9/30 expiration I-94. why not process your H1 extension with PP? that way, you will get a decision within 15 business days.
  25. redgreenbluee

    Urban legend?

    please consult a lawyer. each stage has its own processing times and each stage can have some sort of delay. retrogression is usually related to PD cut-off dates and you are waiting for your PD to be current which is used in I-485 stage. getting I-485 approved is based on PD, no matter where you applied, you won't get any approval until PD is current. there is some level of randomness if two person have the same PD and came from different state - whoever applies first might get his/her approval faster.