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Brand-new EAD

22 years ago By Chief Editor

Got there at 6am and there were already about 80 people ahead of us.

At 6:15 they started handing out tickets. At 7:30 we had ours.

Went inside to sit down and at 7:45 our number came up. Handed over copies of the I-765 and I-485 receipt notices (it speeds up things if they do not have to make the copies) and newly filled out I-765s (they want them).


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Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

9 months ago By Chief Editor
Question details

I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?

 

FAQ Transcript

If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.

 

NIW I-485 rejected: Refiling options and priority date usage?

9 months ago By Chief Editor
Question details

1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?

2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?

3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?

4. Can petitioner file multiple NIWs simultaneously with different endeavors?

 

FAQ Transcript

If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.

If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.

As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.

 

BALCA Appeal Leads to Voluntary PERM Certification by CO

15 years ago By Rajiv S. Khanna

In a case decided yesterday, we had filed an appeal to BALCA against a PERM denial by the Certifying Officer (“CO”).  The ground for denial was that the Job Order did not provide the exact salary offered to the foreign worker.  We showed in our appeal that the fault lay with the Job Order form of the State Workforce Agency.  The form did not permit us to enter the higher end of the wage range for our job, where we had offered a wage range instead of an exact figure.  The CO appears to have agreed with us and has withdrawn denial and certified our case. 

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U.S. Embassy Mexico Announces New Visa Procedures

14 years ago By Editor

New Visa Procedures

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently.     Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview.  The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview.   ASCs will be located in buildings separate from the U.S. Embassy and Consulates. 

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