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Being on H-1 status means your employer has to meet the wage as stated on the H-1 petition. If they are not paying you, you are not in status. You should definitely contact an attorney.

Fingerprints 'expire' every year or so, so you will likely have to be re-finger-printed every year. Also, the GC processing time depends on the priority date and the date your filed your petition with the USCIS. You can check the current processing dates on www.travel.state.gov and on...

That is correct. Only the employer and whomever he/she sets up sub-accounts for can access the system.

You have to meet the requirements of EB2 at the time of filing. You cannot file for EB2 until you meet the credentials required for the same. And please note you have to be awarded the degree itself - this means not just passing all the courses, but also taking the relevant tests and doing the...

File your I-140 now under your approved PERM (which I assume was filed under EB3.) If you company files a new H-1 (which verifies your promotion with the USCIS), and if they agree to do a new EB2 PERM case for you, then by all means go for it. Hopefully by that time, your EB3 I-140 will be...

Yes, you can file a new PERM LC with the same employer if it has expired. The DOL does not receive the applicants - the employer receives them. However, if your employer denies a US worker for the position for an unjust reason, that person can contact the DOL and the employer can be in big...

If the position has different requirements, then it is not the same position. You cannot file a second identical PERM case while the other is on appeal. If the position is different, then it's different!

If your company can document that there is a business necessity for you to have an EB2-level position, then yes, you can qualify, as long as you have a US master's (or a 3 yr Bach & 3 yr Mast, or a 4 yr Bach and a 2 yr Mast.) Keep in mind though there will very likely be an audit on the case...

It depends on the position and what it requires! A position could require a Bachelor's plus 6 months up to 3 years (3 years if the person possesses a 3 year bachelor's degree) is relatively "normal" for an EB3 case.

Thank you for your post. I have a lot of people complain to me about getting experience letters - yet, your post stresses exactly the point I try to make - get good letters now so you don't have problems with an I-140 denial! Well, progressive as you have indicated is the key word. I don't...

You seem to have a lot of questions... you should really be doing this with a lawyer.

Req. Master's or equiv. (plus whatever experience you are requiring) or a Bachelor's degree + 5 yrs. progressive experience.

My apologies, I must have read your post wrong. I did not see that your query was about PRE-BACH experience. No, that does not count. Your experience has to be gained after the Bachelor's degree; however, it can be acceptable to use experience gained prior to or during GRADUATE-level...

EB2 = REQUIRING a Master's degree plus X # yrs of experience or the alternative requirements of a (4 yr) Bachelor's degree plus 5 yrs of progressive experience. The person for whom you are applying must meet one or the other, however the M+X#yrs is the main requirement and the B+5 is the...

Whatever your corresponding petition says (you're saying H1B), that's what your letter should reflect. So, if you H1B petition said you were a "Computer Programmer" then your letter should say the same (in essence, if Company XXX didn't file a new H1B for you, in the eyes of the government your...

FYI - fromninja is exact correct in what he/she is saying. No, you cannot file an H-1 extension based on a pending or approved labor cert unless the LC has been pending over one year. In your situation, you should probably file your I-140 with your current company, but you may end up having to...

Just confirming - everything 'unsure' said is correct, as long as you were born in Canada. If you were born in India, the Philippines, or China, you would be facing a different situation.

Whether it is filed as MS+0 or B+5 it will likely trigger and audit b/c EB2 Software Engineer is not recognized as a EB2 position by the Department of Labor (the only EB2 position the DOL recognizes as potentially requiring a Master's is a CIS Manager.)

If your employer sucks, join a new company! You can't file a PERM case if you employer is unwilling to do so.

It depends on the processing center and whether it is an EB2 or EB3 case. From what I've seen, average processing time for EB3 is anywhere from 2 weeks to 3 months (without an audit); average time for EB2 (with an audit) usually is approved within 5 months or less. Yes, I long for the "good...