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Attorney_9

Attorney
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About Attorney_9

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  1. Attorney_9

    Does signing ETA-9089 form cause any issues

    Please note, that by signing that ETA9089 form you are attesting under penalty of perjury that the information contained in that form is true and accurate to the best of your knowledge.
  2. Attorney_9

    Does signing ETA-9089 form cause any issues

    The I-140 Petition cannot be filed unless both the employer and the employee (and the attorney if applicable), sign the ETA9089 form. The ETA9089 form is not valid for use without those signatures.
  3. You can submit the priority date retention request based only on the receipt number of that previous case. However, safer is to file a Freedom of Information Act request with USCIS using that receipt number to obtain proof of it's approval and the priority date associated.
  4. Attorney_9

    I-140 validity

    If the employer withdrew that I-140, they would need to refile the petition in order to use it as a basis to sponsor you.
  5. Attorney_9

    Second RFE on I140

    It is possible for the USCIS to issue more than 1 RFE on an I-140 case, if they have identified additional issues. In some cases, that second RFE is a Notice of Intent to Deny. It is impossible to speculate on the basis of the RFE until it is received.
  6. Attorney_9

    EB3 to EB2 Upgrade question

    The USCIS has an inconsistent approach to the Chartered Accountant membership from India for EB2 purposes. You should consult with an immigration attorney before pursuing an EB2 case based on that credential. It is high risk for denial, and should only be attempted with an AACRAO issued evaluation (not just an outside evaluation service that references AACRAO and EDGE) and with the employer's and employee's acknowledgement and acceptance of the risk. The EB2 upgrade would require a new LC and new I-140 for a different position, but the new filing should not jeopardize your current EB3 approval. If that EB3 were to become current prior to the new EB2 case approval, you should be able to file the I-485 based on that EB3 case and apply for EAD at the same time. Also if you are using experience gained with the sponsoring employer you need to demonstrate that that experience is at least 50% different from the sponsored position.
  7. Attorney_9

    I-140 Validity Question - Urgent

    If company A never withdrew that I-140, they can still continue to sponsor you based on that case even though you left for a period of time. Essentially, they were continuing the case for a future position while you were not employed with them.
  8. Attorney_9

    PERM Audit review

    Some cases from before September may still be in extended review. This could be for a multitude of reasons, including the DOL may be considering scheduling the case for Supervised Recruitment.
  9. Attorney_9

    PERM applied after PWD expired

    Per the DOL regulations, so long as the earliest piece of recruitment was begun during the validity of the prevailing wage determination, then that PWD remains valid for use (even after expiration) during the entire validity period (180 days) of the recruitment. In this case, because your SWA was placed within the PWD validity period, you remain eligible to use that PWD for a LC filed until 180 days from the first day of the SWA posting (even though that falls after the PWD expiration).
  10. Attorney_9

    PERM Filed after PWD expired

    Per the DOL regulations, so long as the earliest piece of recruitment was begun during the validity of the prevailing wage determination, then that PWD remains valid for use (even after expiration) during the entire validity period (180 days) of the recruitment. In this case, because your SWA was placed within the PWD validity period, you remain eligible to use that PWD for a LC filed until 180 days from the first day of the SWA posting (even though that falls after the PWD expiration).
  11. The A number is immaterial to the approvability of your PERM labor certification case. If you are not dealing with an expiration problem for your recruitment and it will only mean a small difference in your priority date, your attorney can withdraw and refile, but leaving the case as is should not cause your case to be denied.
  12. Attorney_9

    Prevailing Wage - DOL

    It would be wise to obtain a second opinion on your case with an immigration attorney who has an opportunity to review all of the documentation in your case, including the Prevailing Wage Determination issued by the Department of Labor, the ETA9089 form that was submitted and all supporting documentation (advertisements and notice of filing).
  13. Attorney_9

    Dolstats :Perm Denied (Applied 05/2013).

    Generally a PERM labor certification will only be denied without audit if there is a fundamental flaw in the information that was provided on the ETA9089 Form. Before making any decisions, it would be wise to review the reason for denial of the LC case.
  14. Attorney_9

    PWD Status

    icert.doleta.gov
  15. Attorney_9

    PWD Status

    Information on PERM and Prevailing Wage processing times is available at https://icert.doleta.gov/.%C2'>
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