I-140 application, experience certificate

Question details

I am asked by my lawyer to obtain experience letters from my 2 previous employers in their letter head and signed by someone from HR. Is this something that is required for the application of I-140?

In my view, these letters should be obtained BEFORE the PERM application is even started. It can be one of the required and key pieces of evidence in I-140. But the preparation to deal with this issue has to be made even before the PERM application is drafted.

Immigration after I-130

Question details

I found your site is very helpful to know the US immigration. I would like to ask few queries about Immigration. I have just got notice the petition has been approved as relationship of sister. My Brother is living in US, He is US citizenship card holder. My query is how many years or months should I wait for the Interview of VISA.. Does it take long time or now it is very short? I tried to search in different site but I didn't get my answers. As my understand this is in F4 categories. I am from Nepal. I would be very glad if you provide about my answer of question.

Wait times are governed by priority date. Read the visa bulletin: http://www.immigration.com/visa-bulletin

Marriage to US Citizen

Question details

I am on H2b visa and married to an American. Should I go ahead and start filing my paper work or should I wait on till my contract is up with the company I am currently working for?

I see no reason to wait.

Petitioning for Parents

Question details

I want to know if I am applying for both my parents to immigrate I do know I need to do 2 separate petitions. But do I need to pay to pay 2 separate fees as well, or what is the process please help thanks.

As far as I remember, separate forms are needed for parents. Read the instructions on Form I-130.

Master transcript as degree

Question details

I received a complete official transcript and a letter confirming that I have completed all the requirements of the master degree. The university's next graduation date is Jan-30 2009 when I will get the diploma. Can I apply for EB2 on my complete official transcript or I have to wait until I get the diploma.

Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.

Brother and Family Immigration

Question details

I am a US Citizen and I filled the forms for my brother to come here, but I want his son also to come because he is a very skilled computer programmer and I need him in my business. I included him in my petition form but he is 25, is it possible for him to come here? They are in Cuba.

Look into a work visa option for him (H-1, H-2B, etc). Family-based would take too long.

When does education become ground for denial - EB-2

Question details

If I file under EB2 in same educational qualifications, so in which stage it would be chances to denied. I mean in Labor, 140 or 485?

Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.

Renewing a green card

Question details

I am a US Citizen, my husband is a permanent resident whose green card expires in Nov. 09. Does it automatically get renewed or am I required to sign something? And what happens if I am contemplating a divorce. Does he get deported?

If he has a "permanent green card," divorce has no impact on it and renewal is a minor process in which your signature is not needed. If he has a conditional green card, he is required to file Form I-751 (read the instructions), where if the marriage was entered into in good faith, he can obtain his permanent green card even without your signatures.

EB2 Qualification

Question details

I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

I-290B AAO Process case online status question

Question details

I am looking for your advice here, my online case status for denied I-140's appeal I-290B as "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office." this status is there for past 19 months with no further updates, recenetly opened SR recieved response saying my case is pending at AAO office in washington, which one is correct,Is my case transfered back to USCIS or still with AAO any idea. is there anyway to expedite my denied/appeal I-140 I am on 7th year H1b extension. Incase appeal denied what are the options I have.

Call AAO directly. They should be able to tell you what is going on. If the case was transferred back to CIS, that is at least partly good news. That means the appeal was not denied. As to options, you need to make an appointment for consultation with your own lawyers or us.