H1b Request For Evidence Vs Green Card

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IMMIGA

Registered Users (C)
My employers lawyer sent of a request for extention of H1B visa,recvd by ins august 16th,initial H1B visa expired Aug 17th.
INS sent request for evidence re LCA,ECFMG ,Credential evaluation.
Lawyer tells employer no need to reply to this but to go ahead and file for a green card.Is this possible?don't i need to have a current status to file?pls help me. :confused:
 
What happend to

You should have your current status (your case H1) valid to stay in US.
Green card application is not a status for that you no need be in US.

Immediately send all the documents requested by RFE (INS) and get your h1 renewed before thinking of anything.
 
Your lawyer is a nut. Keep yourself in status at all times. Send all that the USCIS is asking for asap!!!!
 
You need valid status if you are in USA. At this time you are in status because your application is pending. your prior H1b has expired and if this extension gets denied ... you WILL BE be out of status ....

AND .... this out of status period will be counted from the expiration of prior h1 (not from the date of denial of H1 extension)....

so --- you are cooking a recipe for disaster if you don't reply to that RFE.

IMMIGA said:
.......... Lawyer tells employer no need to reply to this but to go ahead and file for a green card.Is this possible?don't i need to have a current status to file?pls help me. :confused:
Click to expand...

What GC application we are talking about? ALC? I-140? I-485?
you can go ahead and file for your GC, but you need to take care of your status, as you r in US.

**************************
disclaimer: my personal opinion only.
 
i truly think my employers lawyer is nuts ,however ,i went ahead and got my prevailing wages from the state,it is 20,000 higher than current salary,do i file lca and get employer to increase salary?what if she refuses as her lawyer has said she does not need to reply to rfe?
I don't know which gc application he is talking abt,i asked himis it lc or niw ,he saisd no it is just a green card application based on conrad state 20!!!!!!!!!!Go figure!!!!pls i need your help guys
 
No need of any help

Go and get a New LCA, with in one or two days through fax.
If your attorney is not co-operating , go for another one.
 
employer has refused to pay new prevailing wages,do i still file a new lca with the new wages?what are the ramifications of this?also when should the new wages go into effect?
 
Do not worry

IMMIGA said:
employer has refused to pay new prevailing wages,do i still file a new lca with the new wages?what are the ramifications of this?also when should the new wages go into effect?
Click to expand...
This prevailing wage document is needed for your H1. (If employer is not paying prevailing wage is another issue, it will be taken care once you are in status - H1 approval)
 
Filed Lca Online ,got An Immidiate Certification.only Problem Is It Is From Oct 1st,does That Matter?or Does It Have To Be From Aug 18th When H1 B Expired?
 
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