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...
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...
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...
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...
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?
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...
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...
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...
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...
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...
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.
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