We have compiled all the questions sent by people from all over the world that have been answered by our attorneys via the Ask Kidambi feature on the site. Please browse through them and if you don't find your answers, ask us a question and it will be answered by one of our attorneys within 48 hours.
My PERM has been approved. I am in EB2 Category planning to premium process I140. Can I change employer?
You may, but the underlying PERM (Labor Certification) will no longer be valid if you do so. You could leave after the I-140 has been approved and doing so would allow you to preserve your priority date. Your question is subjective and this answer is but a generic response. We highly recommend scheduling a paid appointment to go over more nuanced questions.
I got RFE for my I-140. They ask for experience letter which I don't have. How do I respond?
The USCIS will sometimes accept secondary evidence where letters from former employers are unavailable. However, you must as stated in the relevant paragraph from the RFE, explain and show why these letters are unavailable.
I-140 and Perm approved. Can I change my employer?
You must also have an I-485 that has been pending for 180 days and have the new employer assume the responsibilities of the underlying I-140 in order to be able to move without it impacting the certified PERM and approved I-140 altogether.
What happens when the USCIS second guesses a certified PERM Application?
Is my Wife's EB-2 Application Priority Date Portable to my EB-3 Appln?
No, you may not use your wife’s EB-2 PD to accelerate processing of your EB-3 PD. The PD is specific to the individual to whom it is assigned. Hope you find this helpful.
My labor was denied due to incomplete ETA form 9089. How to proceed further with this?
Depending on the reason for the omission, your Employer may seek a review, or file an Appeal from the Denial. If the omission was due to an egregious error on the part of the Employer, re filing may be the only option.
I've EB3 140 approved, I am porting my EB3 to EB2. I got Audit in Perm by DOL. How soon can I receive decision from DOL after answering Audit.
Currently, as of 3/5/12 PERM processing times, audited applications are taking between 9 to 12 months for adjudication.
I have mailed my EAD renewal documents. During EAD processing time can I travel outside of USA?
As long as you have a valid Advance Parole document to reenter the U.S., you may travel during a pending EAD extension.
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