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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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    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?

    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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    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

    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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    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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    Existing EB2-NIW, do I need labor certification and am I limited by a number cap ?

    I am past the 6th year of my H-1B and have an I-140 EB2-NIW approval dated April, 2010. The date on the I-140 is mid April and my 6th year in H-1B ended at the beginning of April, 2011. When my employer applies for an extension (or I use the portability clause AC21 to change employers), do I ...
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    Existing EB2-NIW, want to apply for EB1-EA

    The person who designed this interface deserves to be prosecuted. I typed in a two page long post and my login expired :( Situation: Citizenship - Indian Current work status - H-1B (past the 6 year limit for the past couple of months) Prior approvals - EB2-NIW. Self-petitioned (no lawyer)...
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    H-1B status (6th year), approved I-140, retrogressed country - job change ?

    I am in the sixth year of my H-1B (expires April 3, 2011). I just learned that my I-140 (National Interest Waiver) was approved on April 16, 2010. I am Indian, so I cannot even file my I-485 until my visa number becomes current (or whatever the term is) for possibly another 4 years or so...
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    H-1B status, approved I-140, retrogressed country - change employers ?

    I am in the sixth year of my H-1B (expires April 3, 2011). I just learned that my I-140 (National Interest Waiver) was approved on April 16, 2010. I am Indian, so I cannot even file my I-485 until my visa number becomes current (or whatever the term is) for possibly another 4 years or so...
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    Got my approval for National Interest Waiver - here is how it worked

    Filed I-140 electronically on March 14. Approved April 16. No lawyer used. No requests for evidence. Used a do it yourself kit for general guidance (greencardapply - paid about $80). Also looked at the bestchinesehelp website. Cover letter - 19 pages with 2-3 figures and a decent amount of...
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    Does I-140 invalidate an existing EAD ?

    I received an EAD when I applied for F-1/OPT in 2003. This had a year's validity then, but it has been used for my H-1B applications ever since. I am about to start my sixth year of H-1B (from Jan, 2010). I am from a retrogressed country (India) and will be applying for EB2-NIW I-140 (can't...
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    A few important questions regarding NIW

    This forum ate my post because it logged me out while I was typing it in. Please fix it. Reposting (typed it offline first now). I am in the final stages of preparing my EB2-NIW petition. I plan on doing this on my own (don't have a lawyer right now - might get one later). Over the last 6...
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    Arguing that labor certification process is not in U. S. interest

    I work on energy research and military communications, and have 8 recommendation letters (3 very strong, 1 strong, 4 average length). I have previously posted my full qualifications on this forum before and will provide a link if you ask. I need your advice, folks. I am close to the end of the...
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    Applying for NIW - my chances for an EB-1A ?

    I am from a retrogressed country - India. Ph. D. from a top 10 U. S. university 2005. Worked as a postdoc at a top 1-2 U. S. school until 2007. Worked as a research scientist at a 20-30 U. S. school until now. (needed experience in a strong group in my field, the rest of the place is so-so)...
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