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    Have EB2-NIW but am leaving the US for a few years

    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...
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    O-1 visa, documentation and interplay with GC applications

    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...
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    Submitting an EB1 petition on the way out

    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...
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    Got my approval for National Interest Waiver - here is how it worked

    Folks, please stop asking for a copy of the letter. I cannot share it with you as it contains way too much personal info. The outline should suffice.
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    Working overseas while visa retrogressed

    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...
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    Temporarily out of H-1B status - effect?

    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?
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    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    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...
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    Temporarily out of H-1B status - effect?

    I am visa retrogressed (India is EB2 retrogressed), so PD does not matter. Can't apply for an I-485 until my visa number becomes current, can I?
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    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    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...
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    Temporarily out of H-1B status - effect?

    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...
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    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    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...
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    Transferring to a new employer

    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...
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    Work status question

    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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    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    That would be the logical thing to assume. But as I have sometimes found during my dealings with officialdom in two countries (India and the US), logic often does not have anything to do with law and rules. So, I was just making certain. Thanks for clarifying that.
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    Work status question

    I am currently on an H-1B which expires very soon. My EAD was first issued 8 years ago. I have an I-140 approval (National Interest Waiver) but am visa retrogressed (have to wait years to file my I-485). My gf (US citizen) and I are thinking of getting married soon (the plan was to wait a year...
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    Existing EB2-NIW, do I need labor certification and am I limited by a number cap ?

    I do not think you understood. First, my green card I-140 approval is NOT employer based. It is a National Interest Waiver EB2. There is no I-485 pending as India is EB2 retrogressed. With my previous employer, my H-1B expired on June 30, 2010. When I moved to my current employer, they used...
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    H-1B transfer from a non-profit to a for-profit

    Is this possible if: 1. The nature of the duties is similar. 2. The nature of the duties is not very similar (it uses a skill set in your CV but not the same skill set as on the current job). If not, am I counted against the quota for a new H-1B petition with a new employer? My situation...
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    Is LCA needed when you have National Interest Waiver (visa retrogressed)?

    I am past 6 years on my H-1B. However, more than a year before I got to the 6 year limit, I filed an I-140 National Interest Waiver petition, which was approved. Since India (my country) is visa retrogressed, I cannot file for an I-485 for another 4-5 years. Does my employer still need to get...
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