oaktree
01-12 12:57 PM
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
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bestofall
02-24 03:15 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
please Update your profile ! It will help us to Track
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
please Update your profile ! It will help us to Track
bijualex29
03-24 12:18 PM
That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
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ultimate_champ
11-27 11:22 AM
Thanks. I will let you all know what happens after i speak to my immigration dept and the lawyer.
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StuckInTheMuck
05-04 04:49 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
Interesting thought :) I will share with you (maybe in the "Lighten up" thread) if something witty pops in my head.
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thank you, Rangan, for your input. I guess you are thinking of transit visa. Yes, many European airports require such a visa if H1 folks have an expired stamp on their passports. My travel agent assured me I do not need this visa at FRA (I have GC).
Just imagining what the details of the RFE could be?
Interesting thought :) I will share with you (maybe in the "Lighten up" thread) if something witty pops in my head.
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thank you, Rangan, for your input. I guess you are thinking of transit visa. Yes, many European airports require such a visa if H1 folks have an expired stamp on their passports. My travel agent assured me I do not need this visa at FRA (I have GC).
rb_248
10-26 12:39 PM
Able to read English or not should not constitute an offense. Not able to read a road sign and erring on that basis is an offense. All the regulatory and warning road signs have a symbol associated with the text (Octogon for stop 'U' for U-turn, curve ahead.....). Only the advisory signs (exit signs and street signs) have English names and no signs.
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ChangingJobs
06-29 10:27 PM
Here is my situation:
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
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irock
07-27 12:15 AM
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
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gc_buddy
09-12 09:54 AM
I believe the consulates aborad depend on the information on the internet.
Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..
They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..
They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
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Rinsha
04-03 11:33 PM
Works just fine for me
I'm on a Mac, perhaps that's why I can't see it. It's very strange though. I used to be able to load the DOS site without any problem.
I'm on a Mac, perhaps that's why I can't see it. It's very strange though. I used to be able to load the DOS site without any problem.
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addsf345
12-30 03:01 PM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
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Macaca
11-17 08:42 PM
The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
Low quotas, long lines hurt U.S. competition for human capital.
WSJ Editorial, Nov 18 2009
The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.
A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."
One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.
Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.
"The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."
The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.
Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.
Low quotas, long lines hurt U.S. competition for human capital.
WSJ Editorial, Nov 18 2009
The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.
A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."
One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.
Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.
"The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."
The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.
Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.
more...
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thomachan72
03-28 03:17 PM
I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.
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geesee_99
12-14 11:07 AM
Friends,
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
more...
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whereismy_gc
06-06 12:02 AM
Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
I think the whole point of increasing the H1-B quota and at the same time not easing the GC processing leads me to think that US high-tech companies are looking to employ Hi-Tech slaves just as they did when the U.S economy was largely dependent on farming industry, during the 19th century.
It's in their blood, and no one can get that out.
Get that point!!!
I think we need to get out on the streets!!!!
I think the whole point of increasing the H1-B quota and at the same time not easing the GC processing leads me to think that US high-tech companies are looking to employ Hi-Tech slaves just as they did when the U.S economy was largely dependent on farming industry, during the 19th century.
It's in their blood, and no one can get that out.
Get that point!!!
I think we need to get out on the streets!!!!
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stxvr
07-09 04:37 AM
During the stage of 485 in how much details they look your your current status. In what all things they look except last 3-6 pay stubs and W2s.
I have following questions:
1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).
2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?
Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.
I have following questions:
1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).
2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?
Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.
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ilikekilo
07-18 10:39 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
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IAspire
02-20 11:54 PM
Hi All
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
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coolgc
05-08 02:51 PM
Thank you, Dallasdude!
jetflyer
08-06 05:05 PM
Looks like nobody got Welcome email lately?? Is that good sign for future date movement?:)
uslegals
12-20 02:00 PM
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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