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You can find PERM processing times here: . PERMs are currently taking about 5-6 months to process according to the website (it doesn’t matter what category the PERM was filed in).
It can take some time to get verification from them because there are severe backlogs at NVC right now. You can try to call them to get an update. Now that your daughter is no longer married, she is moved to the F-1 category instead of F-3. Her cutoff date of 21 April 2008 remains the same, but she will get her green card much sooner. If your daughter is not from Mexico or the Philippines, she may be eligible to get her immigrant visa within the next 1-2 years. Check the Visa Bulletin (
Originally Posted by: Admina 

I received an RFE for my I 485 application, I submitted all the documents the asked with the letter from them as the cover letter..I followed what ever they asked me to do in response to it. While reading some of the discussions here, a cover letter was mentioned in replying to an RFE, i did not write a cover letter of my own instead i used RFE letter as the cover i am worried of having any delays again in my I 485 application in regards of not having a cover letter 😞
Would it be a problem? i just did what ever they were asking me to do.

Please reply..God bless.

No cover letter is required. However, placing a cover letter just lets the officer know that you are sending the documents and what you have included in there. Ultimately, it should not delay the case.
Originally Posted by: FreeandBrave 

I am currently in extension of H1 (expiry Feb 2016) based on approved I-140 (approved in 2012) from company A. Company A was acquired by company B. I wish to change employment to Company C. What do I need to take care of so that I can switch employment but retain my GC process.

You won’t be able to retain GC process unless your Adjustment of Status application has been already filed and pending for 6 months. Furthermore, Company B should have filed an Amended I-140 to prove Successor-in-Interest. Once moving to Company C, you will need to have them do the process again. However, you will be able to retain the priority date of the previous I-140. With the new proposed changes in law, you may be able to file an AOS even if your priority date is not current. After AOS is pending for 180 days, you can change jobs. You may want to consider waiting until then to change jobs if Company C is not willing to do PERM and I-140. Also, you may want your employer to ask their attorney if an amended I-140 needs to be filed.
Originally Posted by: zorkaxo 


Question about my future spouse status:

I got the green card recently (yay!). My girlfriend (we are both from Europe) has one year left on her J-1 Visa. If we get married tomorrow, I understand the she can apply for the green card as F2A (current date is March 2013 so it would take a while for her to get it...).

1- if we get married and she applies for the green card before her visa expires, can she stay in the US? under which status? could she work?
2- if we get married and she applies for the green card after her visa expires (and let's say she is back in Europe), can she come back and stay in the US? under which status? could she work?
3- if we get married and she does not apply for the green card and her visa expires, can she stay in the US? under which status? can she work?

Thank you for the tips!

1. If you get married, you can file the I-130, but she cannot file for the Adjustment of Status (AOS- I-485). The I-130 will give her no other status.
2. If by the time the J-1 expires and the I-130 is still not current (the current date does not equal the date you filed), then your wife will have to leave and wait for processing to be done while she remains outside. If she is from a Visa Waiver country, she can come and visit you as a tourist, but no other visa status.
3. No, she cannot remain in the U.S. illegally after her visa expires. This will cause problems with the green card application. Then she would have to wait until you got citizenship to get her green card and she could never travel outside the country until that happens. Don’t do this!

For more information about the I-130, go here: . It would be prudent to see an immigration attorney so you can map out a strategy to remain in the U.S. together legally.
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