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Everything posted by redgreenbluee

  1. redgreenbluee

    Second time travel on B1

    please consult a lawyer. it will depend on the CBP officer, your short interval might raise a flag and give you a shorter duration of stay (less than 6 months), the worst case (less likely) CBP officer can deny your entry.
  2. redgreenbluee

    Urgent! Experience Letter - GC process

    please consult a lawyer. were you employed and getting paid during 10/2007 to 3/2008? you were in violation of H1 during that period if you were not getting paid. you have started working on 3/2008 so your employer is only willing to give you an exp letter with that start date. your issue is not the exp letter but being potentially out of status if you were not getting paid during 10/2007 to 3/2008.
  3. please consult a lawyer. that is correct, you will need to be physically in the US to apply I-485.
  4. please consult a lawyer. there is no such rule, once your I-485 get approved, you are no longer in H1, if your spouse is still india during that time, she cannot go to the US on H4 and you will need to initiate a follow to join benefit application for her to get her GC before she can return to US. if she return to US before your I-485 approval (you are still in H1, she is on H4), she can apply I-485 as your derivative applicant as long as PD remains current.
  5. redgreenbluee

    PERM, EB Category???

    please consult a lawyer. you will need to have all necessary experience and education before filing LC. you should also know that any experience gained (education attained) with your current employer/petitioner cannot be used on LC PERM unless job requirement is 50% or more different, and in such cases, it is usually (but not always) a red flag for audit.
  6. redgreenbluee

    Lost Passport, H1B Visa and I-94 Card

    please consult a lawyer. you will need to file a new passport (you will need to check with your consulate on requirements if filing a police report for lost passport is required or not and other requirements). expedite processing depends on your consulate if they have such application. you will need to get a new visa stamp when you are in india, procedure should be the similar when you applied last time. you will need to apply I-102 for I-94 replacement. process might be faster if you have a photocopy of your original/lost I-94.
  7. please consult a lawyer. yes, you can change employer. LC and I-140 is employer specific, you will need a new PERM and I-140 (since you have not yet applied I-485). you can file EB2 and port your approved I-140 PD.
  8. please consult a lawyer. once you are a US citizen (after oath), you can petition your spouse under IR (immediate relative) and priority date is current (no wait time for visa), you will only need to wait for the processing of your case which is approx. 6-9 months. you can interfile the submitted I-485 (if she has one) or apply a new one.
  9. please consult a lawyer. GC is for future employment, you don't need to be physically in the US or work for your petitioner until GC is approved.
  10. please consult a lawyer. GC and H1 are two separate application, you are not required to be on H1 to start GC application.
  11. please consult a lawyer. no, you need to have your own I-140 approval (or pending LC 365 days) to extend H1 beyond 6 years.
  12. redgreenbluee

    small company.. will that be a problem?

    please consult a lawyer. small company is not a problem as long as all requirements are met. it is best to consult with an immigration lawyer before starting the process.
  13. redgreenbluee

    Work authorization options if H1B is processed in April 2012

    please consult a lawyer. it is only possible to start H1 earlier than 10/2012 if you are cap exempt applicant. cap exempt means you were counted on H1 cap before (you were on H1 before) or some institutions like university can apply H1 cap exempt.
  14. redgreenbluee

    Applying Perm using company B while working on Company A

    please consult a lawyer. H1 and GC application are two separate application. company B can file your GC as future employment.
  15. please consult a lawyer. L1 to H1 is not cap exempt unless you were on H1 before (counted already on previous H1 cap). time on L1 counts toward your H1 time (total of 6 years limit). you are eligible for H1 extension beyond the 6 year limit if you have pending LC (or approved and not expired) for at least 365 days or approved I-140. you can apply I-140 PP any time (no restriction or eligibility requirement). you can only start working on H1 once your H1 petition is approved (not receipt/pending).
  16. please consult a lawyer. GC is for future employment so it is possible for a future employer to petition your GC. EB category is based on job requirements and not your credentials only. it means that you can have an advanced degree (MS or PhD) but if the job only requires EB3 credentials, it cannot be classified as EB2. you can port approved I-140 dates in the future.
  17. please consult a lawyer. parents of USC are considered immediate relative and their PD is current - no wait time for visa number, only processing time.
  18. redgreenbluee

    Is PWD approval still taking too much time?

    please consult a lawyer. based on someone's post: http://forum.murthy.com/index.php?/topic/1762-pwds/page__st__20 applied pwd: 9/28 received pwd: 11/21
  19. redgreenbluee

    multiple h1 petitions

    please consult a lawyer. yes, you can find a different employer/petitioner to apply H1 for you.
  20. redgreenbluee

    H1B & SSN application

    please consult a lawyer. you can only apply SSN if you have proof of work authorization like H1 approval or others (EAD, etc).
  21. redgreenbluee

    is H1B approved date is the Employment start date?

    please consult a lawyer. your I-797 H1 approval notice will have the start date, it is usually the date on LCA (in your case 1/1/2012) or later when H1 is approved after the start date specified (for example 1/15/2012 if H1 was approved on 1/15/2012).
  22. redgreenbluee

    EB1C - Query

    please consult a lawyer. option 1 and 2 is viable. you will need to update I-9 information on option 1 and option 2 would require your employer to file H1 extension for you.
  23. redgreenbluee

    H1B Extension with previous employer approved I-140

    please consult a lawyer. yes, you are eligible to apply H1 extension beyond 6 years with an approved I-140 even from a different employer.
  24. please consult a lawyer. why will you receive RFE? do you have a pending application? since you are changing employer, you cannot file I-485 based on your current employer/petitioner approved I-140 if they no longer offer you the permanent position stated on LC. you can change employer but you will need to start GC from scratch (LC and I-140), you can however port/retain your approved I-140 PD.
  25. redgreenbluee

    RFE on ability to pay for my I140/EB2/TSC

    please consult a lawyer. your chances depends if your employer/petitioner can prove that they have sufficient income to pay your proferred wage.