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redgreenbluee

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Everything posted by redgreenbluee

  1. please consult a lawyer. it is up to you to decide which is the best case for you. to answer some of your questions, you are eligible to apply GC as your spouse's derivative if you got married before she gets her GC. once she gets her GC (and you are not yet married to her), she will need to file a petition under F2A which is about 2.5 years of wait time as of the moment, and in this scenario, you will need to have your own NIV status (ie your own H1) to remain in the US.
  2. please consult a lawyer. you can only file H1 extension on or after 12/1/2012 (at least 365 days). you are eligible to apply H1 extension beyond 6 years if you have pending LC (or approved and not expired) for at least 365 days or if you have an approved I-140.
  3. please consult a lawyer. if employer id number (EIN) remains the same, you only need to submit business name change document and not re-do the whole I-140 application process. in case of merger (or significant change in ownership), your employer needs to amend I-140 as successor-in-interest case (again, not re-do the whole I-140).
  4. redgreenbluee

    Can I file for my I-140 EB3 to EB2 porting while visa numbers are unavailable

    please consult a lawyer. your employer can submit I-140 petition even if PD is not current, and you are correct, I-485 cannot be submitted/applied if PD is not current.
  5. please consult a lawyer. she will only need her GC (and passport) when entering the US, being outside for 4 months should not be an issue.
  6. redgreenbluee

    AP and 485

    please consult a lawyer. it doesn't hurt to apply AP, use your H visa and AP as a backup (just in case) when you travel.
  7. redgreenbluee

    H1B excempt and rules

    please consult a lawyer. you can only apply H1 extension beyond 6 years if you have LC pending (or approved and not expire) for at least 365 days or an approved I-140. why did you say that 365 days rule is not applicable for you? with correct planning, you can re-capture H1 time and get to 365 days if needed. regardless, if you can get I-140 approved before 4/4/2013, you should aim for that.
  8. please consult a lawyer. if your LC PERM gets audited, you can only apply H1 extension [beyond 6 years] after LC is pending for at least 365 days (3/1/2013 or later). if your LC PERM got approved before 9/2012, you will need to apply I-140 PP because you can only apply H1 extension [beyond 6 years] if you have an approved I-140 (or the condition stated above - LC for at least 365 days).
  9. redgreenbluee

    Visa Bulletin status 'U'

    please consult a lawyer. yes, "U" on visa bulletin means you (or anyone) cannot submit I-485 irrespective of their PD.
  10. redgreenbluee

    Advise on green card time

    please consult a lawyer. there is no guarantee that employer will petition your GC, they are not obligated to do it but choose to do it if you are important to the company. it is best to ask during your interview if they petition employees for GC, some employer does not know (or does not have any idea) anything about GC process, while some employer does not petition GC at all. interview is usually for both employers and employees benefit, employer can see if you fit their needs, and employee can see if it fits one's goal or career objectives.
  11. redgreenbluee

    Change from F-1 to H1- B (Florida licensed RN)

    please consult a lawyer. you can change status from F1 to H1 and you can study on H1 as long as you don't violate the H1 terms. it is only possible for you to change status to H1 if your employer is willing to petition you for H1, you cannot do it alone and would need a petitioner (your prospective employer).
  12. please consult a lawyer. they have already released the visa bulletin for april and may before reaching the limit so they will continue to honor the dates on visa bulletin so that people can apply I-485 if their PD is current for those bulletin. the recent announcement states that visa numbers are exhausted already for india and china, they will not issue any visas until 10/1 (new FY) as they estimate that the remaining visa numbers will be used by ROW.
  13. redgreenbluee

    Using I140

    please consult a lawyer. yes, you can extend H1 beyond 6 years with an approved I-140 even from a different employer.
  14. please consult a lawyer. when you are outside the US, there is no status, status only applies when you are in the US so you can never be out of status. if you find an employer, they can petition your H1 and you can return to US and work for your employer once all the paperwork is done. by 9/2012, you will be outside the US for at least 1 year, you can apply H1 subject to cap and be eligible to get a new (fresh) 6-year H1.
  15. redgreenbluee

    Applying for GC with 16 months on H1

    please consult a lawyer. you will need to have pending (or approved and not expired) LC for at least 365 days or an approved I-140 to be eligible to extend your H1 beyond 6 years.
  16. please consult a lawyer. you will only need passport stamp if you need to travel any time soon before you receive your physical green card. you will want to update your SS card to remove "not valid without authorization" on your new replacement card (same number).
  17. please consult a lawyer. change of address link: http://www.uscis.gov/ar-11 you (GC holder) will need to report your new address to uscis. your spouse (US citizen) does not need to do anything. by completing the online AR-11, you already notified uscis of address change. if you have time, it does not hurt to call and inquire/verify if address record was updated.
  18. redgreenbluee

    OPT - H1B Approved - Filing GC ?

    please consult a lawyer. yes, you can start GC process before 10/1.
  19. redgreenbluee

    H1B reuse and reset

    please consult a lawyer. for you to reset H1 time, your application should also be subject to cap (start date 10/1), if you want to start sooner, you need to file cap-exempt H1 and you will only have the remainder of your previous H1 time.
  20. please consult a lawyer. no, it does not need to match. your current salary can be lower but your employer needs to show ability to pay you with PERM prev wage for your application to be approved (part of I-140).
  21. redgreenbluee

    prevailing wage for PERM

    please consult a lawyer. GC and H1 are two separate application. in LC PERM (part of GC process), your current salary can be less than PERM as GC is for future employment. your employer needs to show ability to pay you with the LC PERM prev wage for your application to be approved.
  22. redgreenbluee

    L1A to H4

    please consult a lawyer. it is not mandatory to stay outside the US after your L1 (you can stay on H4), but you will need to stay outside the US for one year to be eligible to apply H1.
  23. please consult a lawyer. your PD needs to be current to get your I-485 approved. if you have a pending I-485 (regardless if PD is current or retrogressed), you are eligible to apply (and get approval) EAD and AP.
  24. redgreenbluee

    H1B to GC Process

    please consult a lawyer. GC and H1 are two separate application process. having a pending GC application does not guarantee H1 approval, but it gives you eligibility to apply H1 beyond 6 years subject to satisfying eligibility criteria. GC is usually broken down into three major steps: LC PERM, I-140, and I-485. concurrent filing is possible depending on PD.
  25. redgreenbluee

    H1 to F1 to H1 Question

    please consult a lawyer. you are already counted towards H1 cap before so you can apply H1 later (from F1) without subject to cap and you can start immediately after H1 approval and not wait for 10/1.
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