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June 07, 2005

FAQ; PERM & 245i

Free Question: My wife & our family were physically present on 20 Dec.,2000. We left Maryland on 22 Feb, 2003 for econ. hardship. On 30 Mar, 2003 DOL issued Labor certification to my wife (specialty indian/Pakistan cook). Can she revive that petition for green card thru US Embassy- Dhaka, Bangladesh. The employer has withdrawn the job offer already.The Life Act/245(i) dated Mar.16,2005 mentions that even if employer withdraws grandfathering is not withdrawn. Can you help process our case for Green card thru Dhaka, US Embassy and USCIS in USA. Pls. inform asp. Thanks

Answer: If the offer of employment has been withdrawn and you are outside of the country 245i does not help your case. If the employer renews the offer of employment you may seek to transfer the priority date if the PERM filing is “identical”. Your wife needs an offer of employment from a different employer to apply for permanent residency for her and family under PERM. The EB-3 visas are “C” current for all countries except China, India and the Philippines which are at June 1, 2002.

Posted by VisaLawyer at June 7, 2005 09:19 AM


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