cantuan said:
How you doing there? I have a quick question that I will ask my lawyer, but maybe you could help me first. We just got a letter from the Labor Department in Atlanta in which they say they are missing a signature from my employee acknowledging that my College Degree was submitted outside the US. My lawyer said this is the first time it happens and honestly after 20 months of waiting, I WAS REALLY UPSET.
Well, I am sending the letter now with the signatures, I beleive the approval will come withing days.
What is next??? if we want to work for anyone, travel and apply for Permanent Resident? I know we have to file some forms, but I don't know what INS needs ...
Do they ask for an interview, what type of interview is it? if there is one, do they request some documentations or records such Income tax ?
I will reallly appreciate your help.
I guess you should be going through some of the forums in this portal and also some overview of the "Immigrant Visa" process.
But anyway, here is a overview of what you will/might be doing after your labor is approved.
1. If you belong to EB2 category and want to adjust your status within the US, you can do a concurrent filing of I-140 (Petition for immigrant Visa) + I-485 (Application to adjust status) + I-765 (Application for Employment Authorization) + I-131 (Advance Parole). If you want to stick on to your employer till you get your GC in hand, you don't need the I-765. If you are not planning to travel outside the US and have enough duration of H1B visa stamping left on your passport, then you don't need AP. However, you would still need I-140 and I-485 applications.
2. If you belong to EB3 (i.e., if your Priority Date (PD) is later than 03/01/2002) and belong to any country which is affected by visa retrogression (Mainland China, Philliphines and India), then you can only apply I-140 at this time and on approval, you will have to wait for your 485 dates to be current to apply for it.
3. Assuming that you finish the I-140 approval and I-485 approval, you could get your 485 approval in mail and then you go for passport stamping at your local USCIS office (whereever you reside). Sometimes, your 485 application will be transferred to a local office who might schedule you for a interview before stamping your passport.
4. If you are EB2 and want to pursue the CP route (Consular Processing), then you file only your I-140 with the CP option and on approval of your I-140, you will then wait for your file to reach the home country consulate who will then schedule a interview for you and then grant you the immigrant visa. In this path, you will not get the interim benefits like EAD and AP.
Hope this answers your questions. Good Luck in your process.