Employment-based adjustment of status applicants (from any nonimmigrant status) whose I-485s have been pending for 180 days or more and who currently have an approved I-140 petition may change jobs or employers without invalidating the underlying I-140 or labor certification, as long as the new job is in the same or a similar occupational classification [...]
Your question is case specific and best handled through an a personal consultation. If interested, please contact our Office to schedule a time.
A three-year bachelor’s degree from India is not considered equivalent to a four year bachelor’s degree earned in the United States and even if you present 10 years of experience, the combination of education + experience will not be acceptable to the USCIS for eligibility towards an EB-2 position.
As long as you have a valid Advance Parole document to reenter the U.S., you may travel during a pending EAD extension. This is only applicable if you have separate EAD and AP approvals with the AP approval remaining valid beyond the expiration of the EAD. Note: Any reentry is always at the discretion [...]
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.
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.
Please read our blog article on Invalidation of Labor Certifications – What happens when the USCIS second guesses a certified PERM Application?
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.
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 [...]
The I-485 for the spouse can and will be adjudicated only if dates are current, which would immediately allow the principal to file a dependent application to adjust status. Also, the spouse would be able to accompany/join the principal if her name was included in the I-140, or the marriage happened prior to adjudication. [...]