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Everything posted by Attorney_6

  1. Attorney_6

    Visa Bulletin Developments

    Neda, The H1 can be extended while the I-485 is pending. The status in that case is H1 with AOS pending. Travel is allowed, as normal, on the H1. Alternatively, people with I-485s pending can obtain advance parole (AP), as well as EADs. Travel is permitted on the AP.
  2. Attorney_6

    H1b Under processing, Can I work from OCT 1st?

    1. A person in this situation could stay while the H1B petition was pending. 2. The cap gap work authorization ends on September 30th. Cap gap work authorization bridges the time until the H1 can start on October 1. Thus, if the H1 is not approved, the work must stop at the end of the day on September 30th. It is permissible to stay in the US based upon a timely filed request to change status.
  3. 1. It is possible to refile through the same company after a denial. Of course, the second filing will have to be "better" than the first in order to have a reasonable chance at having a different result the second time around. This can be a very valid, viable, option-- if the problem areas that caused the first denial are addressed and "fixed" in the refiling. Simplest example is when the end client won't cooperate with providing documentation the first time around. Then, once there is a denial, they decide to change their position on providing letters and other documents in support of their contractor's H1B petitions. 2. Once there is a denial, it is going to be necessary to travel in order to regain H1 or any new status. Changes/extensions of status within the US require that a person is in status at the time of filing the request (with limited exceptions).
  4. Attorney_6

    Please help!! Travel via USA with F1

    Or, try it in Jamaica (as many people have done) and be prepared to go from Jamaica to India if there is a refusal.
  5. Attorney_6

    I-485 Processing Time

    The USCIS doesn't resort by priority date for purposes of the regular review. They process cases as they get them--but, many factors impact the timing of the actual decision. Of course, nothing can be approved without a visa number and we are out of EB2 India visa numbers for September. While the cut off date in the October Visa Bulletin for EB2, India, is May 1, 2009, that does not mean that there are enough visa numbers for all cases with priority dates prior to May 1, 2009. There are many cases still pending which are just awaiting visa numbers---that is one reason why retrogression is expected for November. The pre-adjudicated pending cases can be issued the available visa numbers without delay in October and, then, it will be necessary to push the date back. Keep in mind that the DOS is supposed to allocate the annual supply of visa numbers over the entire fiscal year, and has restrictions on the percentages of available numbers that can be used each calendar quarter.
  6. Attorney_6

    BioMetrics Again?

    For most people, fingerprinting is only done once in a GC case. While the background checks based on the fingerprints expire, the USCIS stores the fingerprint data and reruns the checks. That was not always the case, and people used to have to get new fingerprinting. Ram, Since there is difficulty with your fingerprints, the situation is different. They apparently couldn't capture the prints. Thus, they have no way to store/rerun the background. This will have to be cleared up again (probably same thing with police certificate if they can't capture the prints) in order for the case to move forward.
  7. Attorney_6

    Delay or withdraw i485?

    Blink, If you are going with number 4, it would be possible to get the I-485 cases 95% prepared in advance. Then, once you get married and you/wife return to the U.S., the rest could be quickly completed (most recent entry information, new medicals, marriage cert., signatures) and the cases could be filed without delay.
  8. Attorney_6

    Travel on EAD+AP combo card

    Correct. It is generally reasonably safe to travel on the AP. However, the I-485 case needs to still be pending in order to return on AP. Thus, if the case is denied during the trip, things get complicated. There is also an issue of returning on AP and what that means if the case is denied. There is usually some control over the timing of the decision in the case, since the USCIS would usually issue an RFE (12 week response time) or NOID (30 day response time) before making a decision.
  9. It is correct that accreditation is the main concern from an immigration perspective. It does not matter how a person completed the degree---full time, part time etc. On line/in person does not matter for an H4. The restrictions on the number of online classes apply to F1s. However, since people sometimes want to change to F1 and qualify for OPT, it may be important to verify that those qualifications can be met.
  10. Attorney_6

    Delay or withdraw i485?

    Blink, Your concerns are entirely valid, and your analysis is pretty much right. It is, by far, best to get married before the GC is approved. As far as expediting the wedding, many people have a small, civil, ceremony, followed by a traditional ceremony, due to immigration considerations---so don't rule this out. Some that do a civil ceremony do not begin living their lives as husband/wife until after a formal/religious ceremony. Of course, even that requires slowing the GC case down to assure that it isn't approved right away. This decision has a number of risks----including making sure that the job is stable so as to allow for refiling the I-485 again when considering withdrawal.
  11. Attorney_6

    Visa Bulletin Developments

    PPP, Case processing continues, even when visa numbers are unavailable. I-485s can't be approved without visa numbers, but, all the other aspects of processing continue to take place. The cases are "preadjudicated" awaiting availability of visa numbers.
  12. The attorney should follow up with TSC about the case. With the change in policy about medicals, the I-485s can not be approved if the medical exam is a year + old, as it would be in this case. Thus, the USCIS issued RFEs for cases with current/almost current PDs to ask for medicals and other updated infromation. If no such RFE was received, it seems like something may have slipped in the system.
  13. While it is true that a person can file an employment-based I-485 and be forgiven for up to 180 days of status violation, it is important to file derivative spouse/child I-485s as quickly as possible. Not only is it dangerous to be in the US without status (potential removal), with the fluctuating Visa Bulletin cut off dates, there is no assurance that the particular priority date will be "current" so that the case CAN be filed within the 180 day 245(k) "forgiveness" period.
  14. Attorney_6

    Visa Bulletin Developments

    Neda, This is a bit complicated, but, yes, the cut off dates do move backward. It is all about supply and demand, and estimates of the availability of visa numbers as compared to demand. The forward movement does not mean that all the previous applications have been cleared. Forward movement, while leading to clearing of pending cases, also allows for new filings by people within that cut off date. Thus, new demand is created when the dates move, if there are people who had not yet filed I-485s. This new demand can be enough to use up the visa number supply. Additionally, the visa numbers are on an annual cycle. They have to be used before the end of the FY (September 30th). So, the extras are made available to the high demand categories at the end, so that they won't be wasted. But, there aren't enough numbers for EVERYONE. So, once they are gone, the cut off date goes backward again.
  15. Right. Assuming that the spouse's I-485s were properly filed, they would remain in the U.S. on that basis. The H4 status ends once the (former) H1 spouse adjusts status to GC.
  16. Kansas, Look at the US Department of State website fwww.travel.state.gov or the information regarding what is needed to renew a minor's US passport. It lays it out quite clearly. Children who are under 16 generally need both parents. However, there are exceptions for some situations---but documentation will be needed. Review that carefully with the divorce attorney so that the right terms/language can be included in the divorce decree and any related agreement. Minors who are 16 or 17 can apply with just one parent.
  17. Attorney_6

    Tax Filing and Citizenship

    Right. The natz questions ask whether the person has failed to file tax returns and whether any Federal/state/local taxes are overdue. As long as all returns have been filed and taxes are all paid up, it is fine.
  18. 1. It seems what happened here is that both the husband and wife had separately filed GC cases through their respective employers. Thus, they each filed as the primary in their own I-485 cases. These cases would have included information about the other spouse, but, that would not change the priority date or the fact that each person filed as primary. This is not a "screw up." It could well have been a purposely thought out decision, to provide the couple with two separate ways to get GCs, each case acting as a backup to the other. 2. Spouses are always eligible as each other's derivatives, as long as the marriage occured before the primary's GC was approved. So, it is NOT too late to be a derivative of the husband's case in this example. --Thus, it is possible to request a conversion and interfiling after the spouse's approval. 3. Since the EB2 dates are expected to retrogress in November, there may not be enough time for everything to go through before the dates go backward. The other thing that could be considered is to file the FB2A case, now that the husband is an LPR. That is backlogged, also, but since cut off dates are uncertain, it can be good to have multiple options.
  19. Has there been an RFE for medicals yet?
  20. Attorney_6

    H-1B work for startup for equity only

    A person can hold more than one H1 at a time to allow for concurrent employment in muliple posiitons. However, H1 jobs must provide compensation at the required wage rate. This needs to be paid as "cash in hand" and not some undefined "equity" in a start up company. H1s can be approved for part time work.
  21. Giri, It is potentially possible to refile the I-140 after denial. This is sometimes a better option than filing a Motion to Reopen/Reconsider or an Appeal. The labor stays valid even after its normal 6 month expiration date, provided the I-140 was filed "on time" (before the labor expiration date) the first time around. Thus, refiling is not subject to the same time limits as appeals/motions. Additionally, sometimes, the denial is correct, based upon the evidence provided or EB category selected. Thus, a refiling can potentially provide better/more complete evidence or select, for example, EB3 for a case that was denied because it didn't qualify for EB2. The available options and time tables should be carefully reviewed once the decision arrives.
  22. Attorney_6

    Travel with I-485 Pending

    Raj, We have an article on MDC about I-485 approvals while the applicant is out of the US. The most important part of this is to have the documents needed to reenter. The AP is the best option. Otherwise, it is a huge problem if, say, a person needs an H1 visa "stamping" to return and, then, their GC gets approved and they no longer can obtain the visa stamp. Many situations can be handled at the port of entry, but, there must be a way to get on the plane.
  23. Attorney_6

    Do fingerprints still expire after 15 months?!

    It used to be necessary to re-do fingerprintings, due to expiratation. However, now, the USCIS stores the fingerprint data and re-runs the fingerprint checks, as needed. Thus, it is no longer necessary to undergo multiple fingerprintings when cases remain pending for extended period.
  24. Attorney_6

    EAD expiring and new job!!

    There have been reports of EAD delays recently. The USCIS National Customer Service Center can take Service Requests on delayed EADS. Since EADS are supposed to be issued within 90 days of filing, and there is no longer a way to get an interim EAD in the event of a delay, NCSC will (or is supposed to) take service requests once the EAD application has been pending for 75 days. That is intended to facilitate action by the 90 day point.
  25. Attorney_6

    CP without specifying in I140

    Dependents can CP even if the primary does AOS. It would be necessary to process the family as "following to join" by filing the I-824. The processing of the dependent cases awaits the approval of the primary's case when the primary does AOS and the family does CP. There can be a considerable amount of time between approval of the primary and the setting of visa appointments for the family abroad. The best approach depends upon the situation and what options the family may have to travel to the US.