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EB2 or EB3

Hello Rajiv,
My H1B (total 6 years term) is expiring in 11/26/2013 with a possible extension of 1 month as I was out of country for 1 month. My company is planning to file Green Card under EB2 (as I hold a masters degree) or EB3. My questions are:
1: Does 6 months time is sufficient for getting PERM and I-140 approved ?
2: If I go back to India in Nov and then my PERM and I-140 is approved in Feb 2014, then can I extend and come back on same H1B ?
3: Which is safer and faster option ? EB2 or EB3. I am talking in terms of Audit on PERM processing ?

Thanks for your reply.
 
RFE on 485

Dear Mr. Khanna

My 485 was filed in January 2012 and I changed job in November 2012. Now I have got an RFE to submit an Employment Verification Letter from Current Employer. The RFE says , among other things, that the letter should include "the minimum educational or training requirements" . The letter I have from my Employer is fine in all respect including job duties and salary (more than PERM offered wage) but it does not have "Minimum Educational or Training requirement" .

My PERM says Masters + 2 years experience. My employer says that their position requires Bachelors .

Is it mandatory to include Education and Training in EVL ? If so, I can try for another job and get it.

My second question is -- my spouse also got an exactly similar RFE though she is just a dependent on Primary application. Shall we just send a clarification letter and my EVL for her RFE ?

Thank you much for all your help.
 
Getting a new I94

Hello Rajiv Sir,

I have a H4 visa stamped on my passport valid until 2015 May. My I94 is valid until Aug 2nd 2013(as my old psaaport expiry date was Aug 3 2013).

I have a new passport now.I need to get an I94.

Can I visit any CBP office in an international airport(For e.g. San Francisco airport) and ask for a new I94 or is it necessary that I travel out of the country and come back with a new I94?

Are there any options of getting a new I94 without crossing the border?

Thanks
 
My sister recently got deported from Detroit airport on may2013. She got a determination of inadmissibility section 235(b)(1) INA. From the department of Homeland security under the section 212(a) (7)(A)(i)(I).I'm a US citizen throw marriage. And she is my sister. She came to US three time before never overstayed and always stayed less then 30 days with tourist visa. She never work here legally or illegally. Since she wanted to spend more time with me, (4 month) she made friend online where babysitting job will be an option to make some extra money because she was also wanted to renting a room since I leave in one bedroom apartment with my husband, she was going to stay with me for 2 weeks and then rent the room for the rest of her stay. The evidence CBP have were text messenger in her phone, was a CPR book( babysitting requires to have the training),an agenda with babysitting agent phone number and the rented room info. After been interrogated she confessed she had the intention to find a babysitter job throw the agency. They also wrote that she misrepresented herself even after finding evidence of her intentions. She was sent home with a 5 years ban. What can I do for her? Does her application (I-130) be a possibility to get her here. My mother is getting her LPR and want to apply for her to became a permanent resident. My question is about if she needs any waiver after her 5 years is completed. I have been studying the forms I-212 which It says if she successfully completed the 5 years outside the US she is no longer eligible for the form. And the form I-601 which even thought the misrepresented herself, misrepresentation only fall under the INA 212(a)(6)(C) not under INA212(a) (7)(A)(i)(I). Do I Need any waive at all after the 5 years is completed?
 
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