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my2239

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About my2239

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  1. my2239

    H1b COS denied. Is out of status?.

    Extension of Status and Change of Status are different things although one would expect that they both should be approved when one applies Your wife's petition to Extend her H4 status beyond August 2019 is currently pending and hence can support her stay on a legal basis until you hear a decision. Remember though that the just in case, USCIS denies her H4 Extension of status for any reason, she would be out of status from that moment and cannot wait until August 2019 We hope that this will not be the case and that she is approved Now talking about the Change of Status application from H4 to H1, which is different one as explained in the beginning, the fact that it was denied may throw some light on the reasons for denial. See if you could correlate these reasons to any fixes you could make for future petitions to avoid any problems All the best
  2. my2239

    EB2 Priority dates question.

    Hi It appears you would qualify under EB2 Rest of world The Visa Bulletin for September shows that the Dates of Filing for Rest of World category, EB2 is 01 Jan 2018 The following US government website also shows that for September visa bulletin, you need to use Dates of Filing for Employment cases https://www.uscis.gov/visabulletininfo Since your Priority Date is May 2018, you cannot apply yet You will need to wait for your priority date to be current Also you may be able to pursue Consular processing if you are not likely to be in USA when your priority date is current. While this option has the benefit of not needing to be in the USA, it has the disadvantage of losing out on benefits like EAD, AP Just FYI Wishing you the best
  3. It appears you are saying that your EB2 NIW I40 was approved Depending on your country of birth if you have to wait for filing I-485 (due to priority date not being current), then you can always leave the US and come back when the priority date would be current to file for your I-485. This should not effect your green card process in anyway Generally you will know about 2 to 3 weeks in advance when your priority date will be current and you can make travel plans to come here as long as you have a way to enter (visa, approved petition like H1 or L1 or other supporting dual intent) Alternatively you could file for consular processing of your case and you will be called for interview typically in your country of residence at the time your priority date is current The advantage of filing I-485 without consular processing is you could continue to stay and work in USA based on EAD and EAD renewals fee is included in the I-485 filing fee The advantage for Consular processing is the ability to stay abroad until your case is finalized for green card and of course the fact that you do not need to have a visa to come to USA during your stay abroad You can choose whichever is the best option for your needs
  4. Don't worry Ask 2 or 3 people who have knowledge of her birth but are not close relatives (to avoid conflict of interest) to sign an affidavit confirming her birth place, name, date of birth Regarding you, provide a copy of all passports or other documentation that show her listed as your mother If you want to be on the safe side, you can order a DNA test yourself and keep the result ready that will prove beyond doubt that you are related If you do not want to order a DNA test yet, you can wait for USCIS to comment on the current evidence and take it from there Best of luck
  5. Nothing to worry. When getting an affidavit for birth, it should preferably be from someone who has knowledge of their birth but is not a close relative (just to avoid conflict of interest). For my brothers in laws, we got a signed affidavit from a person unrelated but from the village where they were born in This worked without issues and they got their GC. Wishing you the best
  6. Don't worry, everything will be fine After the Interview, depending on the place, it may take 4 to 6 months for Oath ceremony Also it is common now a days for the officer to not make decision on the spot in some cases If there is any problem, you will always have a chance to contest it Have faith and relax, things will be fine
  7. If you applied for AOS (I 485) and leave the US before an approved AP or leave the US and allow the AP to expire before return, you have abandoned the I 485 (Just my opinion) Your H1, L1 if still valid may help you return but the more advantageous Green Card application may be considered abandoned Here are a few things that I would prefer to do if I were you: 1) File a petition to convert your case to to Consular processing This way you can stay abroad for whatever time you want and be processed at consulate abroad (your home country) This way there is no risk of abandoning I 485 because of AP getting expired 2) Alternatively, you can always come back for a short duration on AP while it is still valid and while in USA, apply for an AP extension or rather a new one and wait for it to be approved, and when ready, you could go back to your home country During this entire exercise while it may help to be employed, it is ok if you are not as you are considered to be in (I 485 applied and waiting for approval status) of course all this is if you do not let your AP expire. During this period you could also use your EAD to work for any job you like or not work at all if you can manage that.
  8. my2239

    Two A# from USCIS

    Dont worry, they have a way to link both the A # s
  9. my2239

    AC21 while i-485 pending - EB1

    Answers in line 1. Can I join the new company (XYZ)? ----Your choice 2. If yes, should we file AC 21 (by Lawyer of the new company OR by Myself)? ----Your choice 3. My current company Position (on which GC is filed) is " Program Manager" and the new company have Offered the Job as "Sr. Manager" (both in IT) . Is these 2 jobs qualifies for the Same/Similar job req for AC21? ---- They appear to be at least 50 % similar if the USCIS doe snot agree, they will let you know 4. Will changing the Job using AC21 impact my GC (i-485) in any way? ------Should not if all other criteria are met 5. Can my previous employer "ABC" revoke my approved i-140 or in process i-485? If Yes, what is the impact on my GC process? ----- While they can, as per AC21 memo, you can argue that this should not matter if USCIS issues a NOID 6. If I will have to file a new EAD extension, will it have to do any processing/documents/filing with my old company ? ------ Generally it should help to have w2, pay slip from current employer but refer the required evidence for filing EAD and if you have that then you are good 7. As of the current analysis of EB1C priority date, the i-485 for Feb-2018 may get approved by Feb-2020 only. Is it advisable to wait till GC in hand to switch the job? ------- If you can wait it should obviously help, if not your choice 8. Any advise you can give me in this scenario will be of a great help. ------All the best
  10. my2239

    N400 Part 5 Date

    It appears that while you were travelling abroad, your change of residence was coordinated by friends / family My suggestion would be to write the truth about dates you actually moved Example: If your last day at Residence 1 was say May 01, say so If your first day at Residence 2 was May 02, say so Please note that in your N 400 application you will be asked about all travel outside US for a specified period proceeding the application Mention all the countries you have visited clearly in that section If there is a question about how you could change address while you were abroad, tell the truth: Whoever form friends/family coordinated your move That is it All the best
  11. my2239

    Job changes

    Changing jobs may not have an effect on your N400 but where you live can matter There are residence requirements you need to meet for N400 (your form should list them clearly) if you meet them then you should be fine
  12. Because your 751 is still pending, and the conditional permanent residence still applies you cannot naturalize yet The fact that you are having trouble uploading documents can mean you have to try again but because the application is now administratively closed I would suggest you to focus on the 751 Use your local senators office and see what is up with the application My guess is documents asked were for the 751 moving forward and not the n400
  13. my2239

    N-400 motion to reopen

    Sorry to learn It may be easier to open a fresh application and mention medical reasons for abandoning the previous one. It may also be advisable to see if you need to apply for I131 reentry permit due to extended absence on GC Wishing you the best
  14. my2239

    L1B received NOIR

    Sorry to learn about your situation It may be easier if your wife in the current situation delivers in India rather than here as that would take the immigration headache of your mind Regarding you going to India in should not have any negative effect at all. In fact you can recap time spent outside USA if things go well with your L1 NOIR response All the best
  15. I believe (and may be wrong) that while the N-470 preserves your residence status, you should still fulfill the five years after Permanent residence for employment based and 3 years for family based GC cases before you apply for Citizenship Time spent in US after getting GC but before you filed N-470 and left abroad and time spent after returning back to US should add up I believe to the 3 or 5 years depending on the basis for GC (Employment/Family) Better to check with lawyer on these things
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