Recent content by indiandude1

  1. I

    Have EB2-NIW but am leaving the US for a few years

    I received my EB2-NIW I-140 approval in 2010 and my priority date is current, as of March 2012 (have not checked since). When I applied for my I-140, I had chosen to change my status within the US (no consular process). However, I have not applied for my I-485 because of personal reasons as...
  2. I

    O-1 visa, documentation and interplay with GC applications

    Situation: Citizenship: Indian Employment offer in hand. Start date Aug 1. Current visa: H-1B (past the 6 year limit - have an EB2-NIW approval, visa retrogressed, PD not current). Moving from a non-profit to for-profit. H-1B's exhausted until October 1. Also preparing my EB1-EA petition...
  3. I

    Submitting an EB1 petition on the way out

    Situation: Indian citizen I-140 EB2 NIW PD 03/2010 Visa retrogressed Working on H-1B for 6+ years. Probably leaving the country in a month for a job in another country (not India). The job is not permanent (I can leave when I want). Haven't decided. I have a EB1-EA petition almost...
  4. I

    Got my approval for National Interest Waiver - here is how it worked

    Folks, please stop asking for a copy of the letter. I cannot share it with you as it contains way too much personal info. The outline should suffice.
  5. I

    Working overseas while visa retrogressed

    Situation: Indian citizen Have an approved I-140 (self-filed) EB2-NIW. This is not linked to any employer. PD March, 2010. I had elected to do a change of status within the US (not consular processing). I have been working here on an H-1B for more than 6 years. I have received a job...
  6. I

    Temporarily out of H-1B status - effect?

    Will being out of status for 10-15 days while the labor certification paperwork prior to H-1B submission is in process negatively affect a subsequent I-485 application negatively? What are my options to remain legally in the US during this period?
  7. I

    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    No. This was my mistake. I should have been more careful. The law does not make sense though. The only reason I am forced to go through H-1B is because I am visa retrogressed. So, a French or German scientist with the same approval / waiver from labor certification is happily working on his...
  8. I

    Temporarily out of H-1B status - effect?

    I am visa retrogressed (India is EB2 retrogressed), so PD does not matter. Can't apply for an I-485 until my visa number becomes current, can I?
  9. I

    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    She is arguing: "... any H-1B application that is filed requires a Labor Condition Application (LCA) & prevailing wage determination. These elements are required by USCIS regardless of one’s immigration status. The Prevailing Wage is determined by the Department of Labor in Washington...
  10. I

    Temporarily out of H-1B status - effect?

    I am an Indian citizen. Have a I-140 EB2 National Interest Waiver from labor certification. I work on an H-1B because I am visa retrogressed. The local admins are insisting that I need an LCA from the US Department of Labor, regardless of the I-140 approval. This, due to the turnaround...
  11. I

    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    Hello It seems logic does not work. My local secretary, who handles H-1B paperwork, is insisting that an LCA (and the attendant wage determination) would be needed even if I have the National Interest Waiver. If you know of a particular rule / regulation that says I don't please supply it...
  12. I

    Transferring to a new employer

    I work for a University on an H-1B. I have a I-140 EB2-NIW (not employer based). I also have an EAD which was issued for my F-1 OPT (and expired many years ago). I do not have a I-485 (pending or current) since I am visa retrogressed. Can a for-profit employer hire me on the basis of the I-140...
  13. I

    Work status question

    Ok. Kind of ***-backwards if you think about it. Would they not want an economically productive foreigner to become economically active in a high paying profession and pay taxes as soon as possible? Oh, well, logic never matters in legal matters.
Top