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Everything posted by immijam

  1. I have an AOS pending though IR/family category. I have a valid H1 status and visa both. I waited 3 months but AP still not processed (although I tried to expedite). I may have to travel out of the US soon due to urgent reasons. If I use H1 for re-entry, I know my AP will be denied. Am I also going to risk my pending AOS? I know the rule says no, but does anyone know current trends? Could it be a risk to AOS? I know one attorney advised against it stating "...due to current times", other attorneys indicated its fine to travel. Please let me know your thoughts.
  2. immijam

    Just Passing Through

    "JUST PASSING THROUGH" lol The rule says country of birth + nationality at the time of birth. If you were born in SA but your nationality was still Indian as SA didn't recognize your birth then you could claim India for CC. But not in your situation you were never a Nepalese citizen neither by birth nor nationality at the time of birth, so CC is not applicable in your case.
  3. I applied for I 485 based AP 75~80 days ago. I raised a request to expedite AP due to a family members grave illness. After SR#1 they requested proof / Doc letter. I faxed it to them. A few days later they issued a letter stating "We received your request to expedite the decision on your application. Your case is currently under review. You will receive a decision or notice of further action shortly" Does this mean they have accepted the "expedite" request? It's been 30 days since the above letter. As it's been 30 days, should I follow-up? My situation is getting worse. What's the best way to follow up? 1) SR#2 via phone; 2) Setup InfoPass; 3) Fax a follow-up letter/Req?
  4. you can only provide what's available. Write a cover letter explaining the facts. Attach the dismissal, copy of bail bond and the "document which says that no charges were filed" & expect a delay!
  5. As a matter of law, anytime a new LCA is filed you need amendment. If a site change within the same MSA occurs, based on all other factors constant, like pay, title, etc., you may choose not to file a new LCA to avoid amendment, but this is very sketchy area because in case of a site visit, rfe, travel/POE, I-9 compliance, etc, a lot of unforeseen complications may arise. Most employers will file a new LCA irrespective (whether you like it or not).
  6. immijam


    Concealing facts could lead to a lot of trouble with USCIS, contact a lawyer immediately and disclose all facts to have any chances, really.
  7. H1B is dual intent visa. Trying to use F1, to re-enter, after demonstrating "dual intent" by applying for H1, is tricky from a visa fraud standpoint. Could go either ways. If visa fraud determined at the POE, there would be a permanent ban from entry. Your "intentions" of using the F1 would be scrutinized at entry.
  8. Using B2 (Visitor) to enter, when GC in adjudication could also be perceived as visa fraud by immigration, although unintentional. The current I-485 maybe gone, but make sure you inform them about the error on your or their part in entering on B2. Bad luck, but this is no excuse. Immigration is one thing you need to be careful with.
  9. Legally, what can I do to get them to rectify their mistake? ---> Notify/Inform them either by yourself or through attorney, really doesn't matter as long as you have notified, which you did! Now you can just sit tight and wait for their response. I read a couple of cross-changeability cases that got rejected at the mail-room stage due to lack of awareness; so you are not alone, it typical to expect issues cos not everyone is aware of CC. You are lucky to get this far, but unlucky to not cross the line. I travel frequently for work, is it possible to do an infopass appt in a different location for my case? ---> No. Your case/file is assigned to a local office based on where you reside. Transferring your case to a different location for info-pass would only add further complications. However, it looks like your file is no longer in local office and its sent back to NBC with instructions to re-assign to local office once PD is current and visa number available. Now it's up to NBC to keep track of your PD and reassign to the local office (LO) at the time. NBC goes by LO instructions.
  10. immijam

    Which location has highest approvals in canada

    So you are trying to do consulate shopping? :) They use the same systems and VOs keep changing at any given location... If a certain location has higher issuance rates, that just means more applicants. If you are looking for success ratio - it's the same for all.
  11. Yes, cross chargeablity is not a very common scenario, many don’t know the concept. I think they entered/ applied your county of birth in the system. You did all that you can. It’s bad luck. You can either wait for your visa number to be available as per your country of birth or see if they get back...can’t do much other than what you did and wait unfortunately...
  12. You wont have much to do after NOID. Better take time and responds with all DOCs they asked for SOW is an important piece. Good luck
  13. There should be no effect due to prior 221g. 221g is quite routine.
  14. 1. If you want to use your prior I797, make sure its valid i.e. Enter your I-797 receipt # on USCIS case status ad make sure it still reflects as "approved". Additionally, confirm with your employer it's still valid and not revoked. 2. Secondly you have to make sure you are going to go back to the exact same circumstances i.e. same client/MSA, position, pay, etc. If 1 and 2 are true - yes you can enter using the higher validity petition. The one with "12/31/2018" is out of question, because if you use that then your will have to file for extension immediately.
  15. Bad luck. Amendment is always tricky, especially given the current times, has to be handled smartly. I am not 100% sure, but if you can maintain the pre-amended state/situation, you can continue as-is - but as you were issued a new I-94 with reduced validity, you will have to exit and renter under previously approved I-797, w/ attached I94. Note; if you aren't able to get back to revert to your previous situation. Then the only option us to file an extension.
  16. immijam

    Interfiling I485?

    Excellent response. Especially clarifying the EAD logic , makes sense. I had read the Murthy article on this a while ago, but wasn't clear on the EAD part. Thank you!
  17. immijam

    Interfiling I485?

    I am eligible for both FB as well as EB based I-485 (PD current either ways). I don't want to submit two I-485s to cause delays. If one has submitted EB (1-140), and later wants to switch to FB (I-130) faster process, is this permissible as per law? Is it just a written explanation that needs to be provided? Ps: What if I have used the interim EAD/AP associated with EB and then what happens if I decide to switch to FB, does it matter?
  18. immijam

    Can I-485 be expedited?

    Can I-485 be expedited? I have a job offer that requires me to be on GC. They are hesitant to employ anyone on EAD, as the employment requires permanent placement / deployment. They don't want to deal with any uncertainty associated with temp permits. I have a marriage based AOS pending. i.e. USC filed 130. The job offer may not stay for too long as they need someone soon. They are ready to wait but not for too long. Is there any way I could request expedited processing for I-485? The employer is ready to provide the necessary documentation. Do they ever expedite I485s? I know they do for EAD and AP, but I want sure if its worth trying for I-485.
  19. immijam

    Can I-485 be expedited?

    Broader question remains unanswered. Can I-485 ever be expedited? yes/no If yes, under what circumstances? Please don’t tell me compelling interest of...I am aware of that Is job situation one of the criteria?
  20. immijam

    Interfiling I485?

    How come none of the experts have any idea on this? Is this scenario that uncommon?
  21. immijam

    Can I-485 be expedited?

    I am taking about someone who has a visa number immediately available i.e. ready for adjustment. Not folks who just applied and got I140 approved and will wait +50 years for AOS or ones who retrogressed on EAD.
  22. immijam

    Can I-485 be expedited?

    Thanks. My question was more wrt. "can" referring to the expedite criteria rule, less to do with feelings. Think about it this way...you go for a regular check-up and they take someone in ER ahead of you. I know you will feel bad, but they still do it.
  23. immijam

    Can I-485 be expedited?

    Thanks for your response. I know a lot of employers openly reject H4 EADs due to the program's uncertainty, that's also work authorization. Are you saying these employers can get sued as they are illegally discriminating? A lot govt. jobs require a person to be USC or GC, what about those?
  24. Travel on H-1B vs Advance Parole? I am on H1. I have over 2 years H1 stamp left (current employment). My USC spouse recently applied for Marriage based I130, I485, EAD and AP Q1. I need to travel outside the US for a few weeks. Is it safer to travel and return on H-1B or Advance Parole? I am only asking as H1B has always been a straight forward entry with a couple of questions here and there. I know AP for the first time would mean secondary inspection. Is this typically routine? Or is it risky given current times? Any one has had experience? Q2. If I leave on H1 before AP issued, will USCIS deny AP? Q3. Will I still preserve the AOS or is there a risk of AOS abandonment? Note that the GC is marriage based not EB. I know before things were different, anyone has any inputs given current times? PS: I'll be working for the same employer. No admissibility issues.