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About theone1

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  1. Here is my situation: Original spouse passport - 10/02/2005 - 10/01/2015Spouse on H1B renewals (2014, 2017, 2021) H4 renewal - 09/07/2014 - 09/07/2017 new Passport - 03/10/2018 - 03/09/2028 Left Country - 04/01/2018 Got new H-4 - 04/06/2018 Entered in US - 04/28/2018 (I-94 on H4) H1 approved - 11/01/2019 - 11/01/2021 Applied 485, EAD as dependent - 10/27/2020 485 EAD approved - 04/28/2021 Job change on 06/10/2021 using EAD Old Employer Withdrew H1 - 06/15/2021 Spouse GC approved - 08/27/2021 RFE for unlawful presence requesting I601 form waiver submission. unlawful presence from 09/07/2017 - 04/01/2018 - 206 days Talked to my lawyer. While the waiver is going to be submitted, she was suggesting to get back on H1B with current employer and prepare to leave the country to come back once with new I94. 1. Any other suggestions? 2. What should be part of hardship to have better chances of approval? Planning to write about family (spouse and 3 kids of ages < 8), psychological trauma, both of our career imbalances. Here is the text from the NOID. It appears that you are inadmissible to the United States under INA 212(a)(9)(B)(i)(1) for unlawful presence in the U.S. for 180 to 364 days and then voluntarily departing the U.S. Your record and your Form I-485 application responses confirm that you were unlawfully present in the United States between 09/07/2017 and 04/01/2018. You are not eligible to adjust status unless USCIS waives the ground of inadmissibility.
  2. What if I don't proceed with I485 with my current employer and ask my new employer to apply for I140/I485 concurrent filing so I can switch?
  3. My H1-B just got renewed this month and I've an approved I-140 with a PD of Aug 2010 in EB2 category. I'm currently being interviewed by multiple employers and if I do get an offer, how should I proceed with my AOS (765, AP, 485)? I really want to leave my current employer if possible. Please let me know if you need any other additional information. Thank you for your help!
  4. Hi, I have an approved I-140 with a priority date as Aug 23 2010 with Occupation code 15-1032.00. I recently got my H1-B extension for next 3 years. I have been with the same company since 2008 and progressed to a Software Development Manager. Now, I'd like to change employer. Would I be able to keep my priority date when doing so? Reading thru the existing articles, it seems career progressions qualify for AC21 portability. Would that include changing employers? https://www.murthy.com/2019/12/26/how-a-job-changes-may-impact-your-approved-i-140/ https://www.murthy.com/2016/04/07/final-policy-on-ac21-same-or-similar-job-requirement/ Any help on this would be greatly appreciated! Thank you!