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Good News For I-140 or labor certification applicant

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  • Good News For I-140 or labor certification applicant

    It is likely that a new law will be signed by the President within 10 days permitting H-1 extension beyond 6 years for those people who are still in labor certification stage and their applications have been pending for a year or more. The current law allows this benefit only to folks who are at I-140 stage. The new law will provide relief to many.

  • #2
    It is likely that a new law will be signed by the President within 10 days permitting H-1 extension beyond 6 years for those people who are still in labor certification stage and their applications have been pending for a year or more. The current law allows this benefit only to folks who are at I-140 stage. The new law will provide relief to many.

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    • #3
      Is it possible to transfer a case # from family based to employment based petition? I am married to a USC and had an approved I-130 , but I need to submit a form I-601. Can I skip this 601 and go for employment based petition? I am an RN and I have an acceptance letter from a hospital. I heard from my friends how easy it is for nurses to get GC.

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      • #4
        why you are required to file 601 petition?
        Are you outside the country?

        If you are inadmissible, you will stay inadmissible even you go through employment based
        petition.

        Note, if your are required i-601 because of your
        illegle stay, waivers are only given to US spouses or children.

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        • #5
          I've been in the States for more than 10 years now.Because I came here illegally, I need to file I-601. I'm married to USC. I did all paperworks, including AOS interview. All I need is to submit I-601.
          But I am an RN and I heard it's easy to get approve in this category. I passed the boards and I have a job waiting for me.If you have any suggestion please let me know.Thank you.
          BTW, I'm still here in the US, I never left the country.I talked to one of the lawyers 5 years ago, he said because I applied for AOS, I'm no longer illegal. I think I am also grandfathered by 245(i), been here continously for more than 10 years now, no crime .

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          • #6
            As you apply for AOS you are no longer Illigal. you are under adjustment, But the time you spend as Illigal will put you in bar and you have to file I-601.. it is possible to change to H1B but in your case it won't do any good. you already ahve bars and inadmisablity. you have to take a waiver for that. and AnImmigrant is right, I-601 is not for Skilled workers. it only applies to Spouse and Childern of USC.

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            • #7
              Is it really hard to get approved with your I-601?
              Thank you for your input

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              • #8
                I-601 is solely based on hardship of the USC/Dependents. their are many factors which should be proven, then only I-601 is approved.
                Normal rate of approvalis 10 to 15 %. again its depends upon case by case.

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                • #9
                  Isn't I-601 the same as the waiver for grounds for excludability? And when you submit that form, does it cover all your dark past like the way you came, working illegally etc? Is there anyway to correct the mistake we made?

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                  • #10
                    Well For your info I didnot came here illigally and work without EAD. I overstayed my VD.technically its not even overstayed. I got Volutary departure whthout knowing the consequences, IJ geve me 6month time to depart. but I got married within 10 days and file for AOS within month.
                    And your Question regarding I-601. I just explain the requirement of the forms and the rate, its is for INS to decide who is eligible to get waiver.
                    hopr you under these simple words.

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