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  1. W

    Does the new employer require original approved Certified PERM from the current employer?

    I believe your new employer is filing I-485 Supp J. If that is the case these info/docs are absolutely required for its filing.
  2. W

    Incorrect I94 expiration entered at the airport

    @CDN9 Renew your passport, step out of the country, make U turn and come back & if they ask tell them you want I-94 update, now that you have new passport.
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    F1 to H4

    For you to move to H-4 from F1, your spouse should be on H status and if I-140 is approved on behalf of your spouse you become eligible for H-4 EAD.
  4. W

    Traveling on advance payroll issued based on employment category while Family Based I-485 is pending

    I believe you should leave country subsequent to approval of advance parole based on family based petition. At this time priority date is not current for employment based EB2 petition but priority date is current for family based petition, therefore there is a good chance that it could be...
  5. W

    ead extension

    @vidhi.sharma4560 You can be unemployed for 90 days on initial OPT. Try to look for new job thru everified employer.
  6. W

    Changing employer within 180 days of I140 approval

    @devanshagr Under both circumstances if withdrawing and not withdrawing I-140, you should be able to to port priority date & your spouse be eligible for H-4 EAD. If your previous employer withdraws I-140, your new employer might have to redo PERM & I-140. If I-140 is not withdrawn by...
  7. W

    I-129 approved while I-539 is still pending for self

    @immihelp1247 To clear confusion you need to withdraw I-539 and step out of the country and re-enter US since you have stamped H-1B on your passport.
  8. W

    GC for Parents - AOS and CP - Information Source

    @Pamuk Your mother should inform visa officer when she goes for interview for address change. Updating address is strongly advised because that's where her green card will arrive.
  9. W

    Going for an H1B visa interview with an i140 approval from a previous employer.

    For AC21 provisions your I-140 from employer A remains approved even if it is withdrawn by employer A should they choose to. It is due to this fact that you continue to get H-1B approvals beyond 6 years. Down the road when priority date becomes current you need to have an I-140 approval to...
  10. W

    H1 to H4 COS pending and H1B transfer approved before H4 approval

    If you do intend to start working for H-1B employer after its approval, then you need to withdraw H-1B to H-4 COS application.
  11. W

    Different Situation :(

    @fasi25 Start communication with an US family based attorney, seek his advise regarding visitation rights. Keep in mind your son can petition for family based green card when he attains 21 years of age.
  12. W

    Visa overstay - revocation date or i94 expiry date?

    Count 60 days time from November 2019 for you to have new employer file H1b petition, move to other status or depart country. Failure to take action within 60 days will be considered out of status even though I-94 is good until August 2020.
  13. W

    DOL Wage to PERM Process EB2

    I am assuming you are currently on H-1B or some other work visa, PERM & I-140 is independent of your current visa, therefore you should be able to travel while PERM & I-140 gets processed parallelly.
  14. W

    Can i transfer H1B Approved before October 1st Amid Layoff's

    Since technically H-1b has been approved but not been kicked in so far (will kick in from October 1st) & you did not have H-1B status presently, therefore your new employer needs to file new employment not subject to quota and has to clearly notify USCIS that H-1B is approved on your behalf in...
  15. W

    Perm Denied: Employer's newspaper advertisement does not list geographic area of employment , but it does

    Lawyer & your employer will be notified thru email of any action on pending PERM's filed on behalf of your employer. You will not be notified directly by DOL. When employer or its attorney accesses employer's DOL portal it does shows cases filed (pending,approved or denied)
  16. W

    H1B Refusal After 221G Can I change My Employeer Now and get Visa ?

    Your new employer can file new H-1B petition not subject to lottery as long as previously approved H-1B is not revoked by USCIS
  17. W

    Filed I-485, now what?

    @Larry D Since your wife came to US on visitors visa, she should hold back not leaving US until I-485 gets approved. she could be subject to additional scrutiny at port of entry when she tries to reenter because of her past entry into US on visitors visa & subsequently filing I-130/485.
  18. W

    PERM got audit and about to finish the H1B

    Based on timeline I believe you are eligible for 7th year H-1B (1 year increment) since your PERM was filed before start of 6th year of H-1B.
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