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prashpathak1@gmail.com

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About prashpathak1@gmail.com

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  1. If the govt shutsdown, what happens to 1) November bulletin 2) Any effect on 485 applications to be filed in Oct
  2. prashpathak1@gmail.com

    Travelling out of US after filing 485

    Hello Are there any travel restrictions if I file my 485 (& AP/EAD)? Do I have to wait until I get EAD/AP cards? If yes, how long does it take to get those?
  3. prashpathak1@gmail.com

    Filing 485 3 months before marriage

    Hello Belle, Thank you for the reply. Getting a registered marriage in India and coming back to USA and then filing 485 by end of sep is almost ruled out now because of the strike in my state in India (marriage registration won't be done and on top of that I also need to get my H1 stamping done which may or may not be done in time for me to come back and file). Having her come here on visitor visa before marriage is also ruled out due to personal/logistic issues. I am not really worried about the cost but it won't happen due to personal reasons. 1) So my question is can I file my 485 by end of Sep (assuming Oct retrogresses) and get married in Nov and come back with my wife in Nov to USA? Do you see any issues with this approach? 2) I am assuming Nov dates will also be retrogressed if Oct dates are retrogressed (Jan 2007 EB2 India). How much probability is there for Nov dates to be come current for my PD even though Oct dates are retrogressed?
  4. prashpathak1@gmail.com

    Filing 485 3 months before marriage

    Hi Belle, Thank you for the reply. (1) What I mean by safe is , to not get my 485 approval but still be able to file 485 while I have the chance. I am guessing if Oct dates are retrogressed (which we'll know on/around Sep 10/12th?), then Nov dates will also be in the same boat as Oct or even retrogress further. (2) If I reschedule my FP, is it for sure that my 485 won't be approved until I complete my FP? (3) How many days/months can I reschedule my FPs and how many times can I reschedule it? (4) Since the FP notification will come to my attorney and me, can't my attorney automatically postpone the FP? (5) Can I withdraw my 485 application if Nov dates become current for my PD? If yes, are we sure that my 485 will get withdrawn before it's approval? (6) Are there any drawbacks if I withdraw my 485 in Nov (if it becomes current in Nov and if I filed my 485 in Sep)? (5) I can't really get married in different state/country due to logistics/personal issues. I have to get married only in my state and they won't be able to register it -- so getting the marriage certificate in the next 2 weeks is ruled out. The reason why I gave "1/2 weeks time frame in Sep to get married" is because I would need to come back to US and be able to file 485 before Sep 30. (6) She doesn't have any US visa yet and she would need to enter US in Nov/Dec on H4 visa which she won't be able to get in Nov if I get my 485 approval before she goes for visa in Nov (after the marriage)
  5. prashpathak1@gmail.com

    Filing 485 3 months before marriage

    Dear Belle, Thank you for your responses to my earlier post. Here is my updated case scenario. My PD is Jan 2007 EB2 India. I have my 140 approved a couple of years back and haven't yet filed my 485. I am getting married to a girl in India in Nov/Dec 2013 and she doesn't currently have any US visa. Currently, there is strike going on my state (AP) and the office that registers the marriage confirmed to us that they won't be working/doing the registrations in the near future (atleast a week or so, at the minimum). So there is no hope of getting married in Sep since we won't be able to get the marriage certificate. (1) Assuming that October is retrogressed beyond my PD, Do you think it is safe for me to apply my 485 towards the end of Sep (that is before the marriage, marriage will be in Nov/Dec). Is there something that I can do which will guarantee that my 485/GC won't be approved before Dec even though I filed it in Sep end. (2) What can I do to not get my 485/GC approved before December? If my 485/gc doesn't get approved before Dec then there won't be any problems for my fiance to enter US in Dec.
  6. prashpathak1@gmail.com

    Filing 485 before marriage

    Hi Belle, Thanks for the reply. If I have to use AC21, would I need to start from LC and 140 again with the new employer (ofcourse retaining the old PD will be there). I will definitely need to maintain my H1 until I can file 485/AOS for my wife and get EAD/AP for her. My 2nd question is - it it even worth to apply for my 485 in September. My PD is EB2 India Jan 2007, my marriage is in Sep end in India and the girl won't come to US till Nov end so there is no chance of applying 485/AOS for the girl, best case scenario is to be able to apply for her 485/AOS in Aug/Sep 2014).
  7. prashpathak1@gmail.com

    Filing 485 before marriage

    Hi Belle, Thanks for the reply. If the dates retrogress in Oct bulletin and assuming it comes back to my PD in Aug/Sep 2014, I will maintain my H1 status. But ... 1) What if I get a new job offer in Mar/Apr 2014 and I want to move? Can this be done by transferring my H1? What happens to my gc/485 application? 2) Does it need to start from the scratch with the new employer? 3) If not, what is the process that the new company needs to follow? 4) How long would that process typically take? Can you please let me know? Thanks for your advice!
  8. prashpathak1@gmail.com

    Filing 485 before marriage

    sorry - a correction. The marriage is set towards the end of September.
  9. prashpathak1@gmail.com

    Filing 485 before marriage

    Hi My priority date is Jan 2007 EB2 India and I haven't yet applied my 485. I am getting married in Sep 1st week 2013 to a girl in India. She doesn't have any US visa yet and she is planning on coming to US in December (not before that). I am planning on applying my 485 in mid/end September. I can't apply for my wife since she will still be in India until December. Do you see any problems that can come up with this approach? I am assuming my date won't be current in Oct/Nov bulletins. Please share your thoughts. Thank you!
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