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Attorney_22

Attorney
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Everything posted by Attorney_22

  1. Attorney_22

    PERM question

    You may be able to obtain this information through a Freedom of Information Act request. If you need assistance, please feel free to contact our firm.
  2. Attorney_22

    procedure??

    To answer your questions accurately more information is required. Please contact a qualified U.S. immigration attorney directly so the attorney may ask clarifying/follow-up questions.
  3. Attorney_22

    PERM process

    Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, an I-140 petition filed on a beneficiary’s behalf in the first three employment categories must be approved and that beneficiary must be eligible to adjust status but for the per country limitations before the beneficiary is eligible for a post six year extension, or alternatively, if 365 days have lapsed since the filing of a labor certification (unexpired and unrevoked) or an immigrant visa petition on the beneficiary’s behalf. If either of these conditions is met you will be eligible to extend your H1B status beyond the normal six year limitation. If you have further questions regarding these issues please contact a qualified U.S. immigration attorney directly.
  4. Attorney_22

    Last day to file PERM

    The ability to extend H1B status past the normal six year limitation pursuant to the provisions of AC21 based solely on a PERM application (not approved I-140) states: 365 days must have lapsed since the filing of a labor certification, that labor certification is not denied and is unexpired and unrevoked.
  5. Attorney_22

    I-485 Question

    There are many factors to your questions; therefore to receive accurate information you should directly consult a qualified U.S. immigration attorney.
  6. Attorney_22

    I-140 approved and Client asks direct

    Generally, the regulations allow an individual to utilize an unrevoked/not withdrawn I-140 Approval Notice as the basis for a post sixth year H1B extension even when the I-140 Approval Notice was not filed by the same employer who is filing the H1B extension. However, unless your new position is the same/similar to the position described in the I-140 petition, and you also have an I-485 application pending for 180 days or more, you will be unable to utilize the protections offered pursuant to AC21. Therefore, unless your old employer will continue the green card process despite your departure, your new employer will need to start a new green card process on your behalf. If you have additional questions regarding this matter please contact a qualified U.S. immigration attorney directly to obtain more detailed information relating to your personal circumstances.
  7. Attorney_22

    H1B extension after I-140 RFE

    Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, an I-140 petition filed on a beneficiary’s behalf in the first three employment categories must be approved and that beneficiary must be eligible to adjust status but for the per country limitations before the beneficiary is eligible for a post six year extension, or alternatively, if 365 days have lapsed since the filing of a labor certification (unexpired and unrevoked) or an immigrant visa petition on the beneficiary’s behalf. If you have further questions regarding these issues please contact a qualified U.S. immigration attorney directly.
  8. Attorney_22

    I-485 Passport - Question

    Generally, USCIS will not require a copy of your new passport to adjudicate your currently pending I-485 petition. If USCIS decides to review a copy of your new passport, it will request it in a Request for Evidence (RFE).
  9. Attorney_22

    H1B Transfer, Wife H4 Question

    Unlike H1B status which is tied to a particular employer and position, H4 status it tied to the principle spouse or parent. Therefore, your wife can maintain valid H4 status as long as you are maintaining valid H1B status. However, your wife must also have a valid H4 I-94 either by entering the U.S. pursuant to a valid H4 visa, or through an extension of status while in the U.S. Thus, your wife does not need to file an H4 extension concurrently with your change of employer petition at this time, but must seek an extension through other means (extension of status through a USCIS Service Center, or re-entry pursuant to a valid H4 visa based on your valid/current H1B I-797 Approval Notice) at a later date prior to the expiration of her H4 I-94. If you have any further questions, please contact a qualified U.S. immigration attorney.
  10. Attorney_22

    L1-B to H1-B transfer

    Generally, any time spent in the U.S. in L-1B status will be counted towards the total time available in H-1B status (if you have not been outside the U.S. for over one year since obtaining your L-1B status). If you are applying from within the U.S. for H-1B employment while in L-1B status, the petition filed on your behalf will be a change of status petition subject to the H-1B Cap (if you have not previously held H-1B status). For advice aimed at reaching your desired result related to your specific circumstance you should contact a qualified U.S. immigration attorney directly. Good luck in your future endeavors.
  11. Attorney_22

    H1-B Extension with I-140 Approval after 6 yrs.

    Generally, an approved I-140 petition filed on an individual’s behalf allows the individual to extend their H-1B status beyond the normal six year limitation in three year increments without limitation as to the number of extensions that can be filed. However, there are complexities in the law that may or may not apply to your specific circumstances. Therefore you should consult a qualified U.S. immigration attorney directly to address the nuances of your situation and the related law.
  12. Attorney_22

    Revoked I 140, Gurus Plz Advice - AC21 not filed, MTR

    Due to the possible severe consequences of the subject matter and the complexity of the issues, you should speak with a qualified U.S. immigration attorney immediately. The attorney will also need to review copies of the related documentation prior to your consult.
  13. Attorney_22

    Filing Labor in the 6th year of H1B visa

    If your inquiry is in regards to the AC21 provisions of the Section 106(a) which allows an extension of H-1B status when: 1) A labor certification is unexpired at the time of filing of the Form I-129 H-1B extension petition; and 2) The labor certification was filed with DOL or the I-140 petition was filed with USCIS at least 365 days prior to the date the alien beneficiary will have exhausted 6 years of H-1B status in the United States pursuant to 214(g)(4); and 3) The extension and I-129 petition are otherwise approvable. The triggering event is the filing of the labor certification with DOL. For additional questions you should contact a qualified immigration attorney directly. Good luck in your future endeavors.
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