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EB3 B+0? I think we've only done maybe one of those and it would be difficult in that the company would have to tell the department of labor that there is not a single US worker possessing a Bachelor of Science degree who could fill the job which is highly unlikely. The "ROW" is unpredictable...

The priority date is the date your labor certification was filed; it is an independent date of your H-1 process. It is recommended that you maintain your H-1 status throughout the entire GC process as well.

I heard through the grape-vine that there is an email address for which amendments can be requested. I do not know it, however. I would suggest your employer keep calling/faxing/emailing every 3 months until the situation is cleared.

If your PERM was already under EB2, then there's really no effect from taking a promotion. The GC is an independent process of the H-1, and you should try to maintain your H-1 status throughout the entire GC process. If you have been promoted, your company will need to file a new H-1 for you...

Check the USCIS website for current processing times. In our experience have been noticing about a year for approvals recently. Processing times link: https://egov.uscis.gov/cris/jsps/ptimes.jsp

I think there is some confusion here... you are indicating that the Labor states a Bachelor's degree + 5 yrs exp., but you are indicating EB3 category. The B+5 you have indicated implies an EB2 position. And yes, you have to meet the requirements for the labor certification at the time of...

If your employer is willing to do so, why not? When your EB2 PERM gets approved, you can do a re-capture of your I-140 EB3 priority date, so you will have the EB2 category and the EB3 priority date (best of both worlds!)

If your I-140 is approved, and your employer agrees to continue your GC processing, then you would be OK. But, if your I-140 is just pending, then no you can't do anything with it.

It depends on the relationship you have with your previous employer and whether or not he agreed to continue your processing. See below post that I just replied to the other person about the reasons to withdraw an I-140.

If the I-140 is withdrawn, then all subsequent petitions based on that I-140 (i.e. I-485, I-131, I-765, etc.) would be invalid. If you have a bad relationship with your employer and you left the company, or if there is a financial problem that the company cannot receive any more I-140...

If your I-140 has been denied, ALL subsequent petitions depending on that I-140 are automatically revoked. I hope you maintained your H-1 status throughout the GC process so you are still on that and OK.

The attorney will receive the I-140 notice; he/she should then fax or scan/email a copy of it to the employer. The USCIS says they try to issue the receipt notices within 10 business days, but most of the time we see it's anywhere from 2 weeks to a month. Especially with the H-1 cap opening...

I've never heard of "down-grading" an I-140. The decision to be EB2/EB3 is the FIRST decision made before filing the (step 1) labor certification (i.e., requiring a bachelor's - EB3, requiring a master's - EB2, with more specifics obviously) - you simply check the corresponding box as to...

You kindly ask your employer for a copy of the I-140 receipt notice, which he does not have to give to you, however (it is the employer's discretion whether or not to provide.)

The attorney would have to file a NEW H-1 - you cannot extend your status based on an expired status. Hence your attorney would have to wait until April of whatever the year is to file a new H-1 in the lottery, which may not even be accepted by the USCIS since it is in fact a lottery!

What are you TALKING about?! #1 - yeah, good luck, but your company will have to do without you for a year and who knows if #1 they will be willing to sponsor you again, and #2 if they can make it in the H-1 visa lottery! #2 - completed incorrect. If the H-1 visa is expired, you cannot...

If your attorney filed the petition, your lawyer should check with him/her. If you haven't received it until now, your attorney should contact the USCIS and place an inquiry. Another good tip to note - your employer can check the back of his cancelled cheque for the USCIS filing fees - the...

You fill out the AR-11 online - this satisfies all of the requirements. If you submit the AR-11 by mail, you have to call the USCIS to update your address on any pending petitions. File it online - it's your best (not to mention easiest / most convenient!) way to go. Link to AR-11 page...

AC21 - your I-485 has to have been pending for minimum of 6 months. I think an even bigger issue now is that you aren't in status if you aren't working for this company. You have to be being actively paid on your H-1 to be "in status." If it was me, I would try to find a new employer to do an...

Wow... I'm surprised someone would file with affidavits not-on-letterhead and co-workers - 2 big "NO-NO's" !! The letters must be on letterhead - they must be issued by someone who supervised you or from an HR person. They should discuss the dates from/to you worked and contain details about...