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A green card is for a permanent RESIDENT. Although I understand the dilemma you are under, your wife cannot obtain a green card if she is not intending to be a resident of the United States. If she obtains a green card, she will need to file tax returns listing all of her worldwide income and...

It is not really that simple. The USCIS has taken the position (officially, although they do not always take a hard-line on this) that for the time outside the US to be reclaimed it would need to "meaningfully interrupt" your H-1B status. Vacations do not normally do this. That being...

No. All time in H counts toward th 6 year limit.

Exactly right. I think this language makes clear that you ARE subject to the H-1B visa cap since you are eligible for another six year stay as an H-1B.

First, do you have a signed retainer agreement with that attorney? Second, is the attorney an in house attorney or is the attorney a employee or partner of a law firm? It makes a big difference. Without a signed retainer agreement the attorney would need to be suicidal to try to collect on...

Since you seem to like to lord your US Citizenship over everyone with the implication that is somehow make you more knowlegeable, I figured I'd jump in here. I was born a US citizen has were both my parents and all four of my grandparents. Further back than that (and now we are back to the...

If an I-751 is filed jointly and then the couple divorces, the joint I-751 must be withdrawn and a new I-751 filed based on a good faith marriage that ended in divorce.

There are many issues that need to be considered at the I-140 stage, ability to pay, qualification of the alien for the preference category (i.e. does the alien really qualify for an EB-2(or whatever)), the availability of a job, and the alien's intent to join are just some. Here is what...

Careful! If she has been out of status for more than 180 days she is subject to a 3 year bar if she leaves.

If you are not in removal proceeding you can just leave. Then the only issue is overstay and the 3/10 bar.

Congress would need to do that and it is very unlikely. However, USCIS created the procedure for concurrent filing and therefore could eliminate it with the issuance of a memorandum.

You should NEVER expect an Asylum Officer or Immigration Judge to know anything about your country. You are the one requesting asylum and it is your burden to educate the AO or IJ about the country conditions and why you have a well founded fear of persecution. Do not expect the AO or IJ to...

Agency could also eliminate the problem by eliminate concurrent filing. Problem solved.

There also should be a test that you qualify for the preference category that you claim. That test is normally done at the I-140 level. Would it be possible to do a substitute a person without a college degree on an LC that required a Ph.D as long as the I-140 is not adjudicated in 180 days...

I don't know. My crystal ball isn't working today. PERM regs have been coming out next week for the last couple years. I believe a memo is coming out when it comes out. Then I will know what it says.

Right. Working for an employer who does not hold your H-1B is incompatible with H-1B status and therefore invalidates the H-1B but entering the US on AP does not invalidate the H-1B status. There is a USCIS memo on this specific point.

Remarriage is not necessary. File for divorce and then file an I-175 to remove the conditions based on a good faith marriage that ended in divorce. If there is documentation to prove that the marriage was in good faith, there should not be a problem. If there is not documentation to prove the...

I agree 100%. If you have any choice at all, do not port prior to approval of the I-140. Of course, if you have no choice . . . you have no choice. I would suggest that anyone that ports prior to I-140 approval should file a new LC just to stay covered in the event of a denial.

I-140 approval was a de facto requirement when AC21 was written since there was no such thing as concurrent filing. The problem with not requiring I-140 approval at any point is that there is never any test of corporate ability to pay or the person's qualification for a certain preference...