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Everything posted by care_candidate

  1. Everything you said is unequivocally true!
  2. I want to start Green card process based on my spouse's Green card. Currently I am Doctor on H1B visa. I had J-1 visa prior with 2 year home residency rule. Currently I am just six month into that 2-year rule. Am I eligible to apply for I-130 or I have to wait till I finish 2 years?
  3. care_candidate

    advise on NRI

    What do you mean by "I'm confused about choosing him." Is he related to you in any way. This kind of third party rhetoric won't help you get answers. Just explain what is your situation and how/why are you relating too much with this person and then ask question.
  4. care_candidate

    1 94 extension while location change amendment is is RFE status

    a. Have you renewed your passport? If yes, then when you travel before I-94 expiry and return you should be fine. b. You can change employer but you need to go through all the work before that. By that I mean apply for new H1b, I-797 and all the necessary paperwork. Going to back to (a) if you change employer to B with new I797, you need new stamp with employer B on your passport. Also, if you apply for new H1b for new employer B, and received new I-797A (I-797A has I-94 attached at bottom), then you can leave country with no issue, provided that you have new passport.
  5. care_candidate

    I 485 filing query

    None of them. Unfortunately at this point you are not eligible. Click on link below. https://www.uscis.gov/visabulletininfo This is where you need to check whether you can use "Date for filing" chart. According to March 2019 bulletin, employment based candidate must use "Final action Date" Chart. And, per "Final action date" chart, you are 10 month behind. FYI: It doesn't mean your date will come in 10 months. It could be more or it it could be less. Most likely it will be within next 2-3 years.
  6. care_candidate

    Green Card Process

    To apply for Green card via employment, you have to have employment and have approved PERM to go beyond 6 years of H1b. Your immediate first task is to find employer who can file H1b. Now as you are laid off, your clock started and you have finite number of days before you leave US, otherwise you will become out of status. Once you find that job, without any further delay your employer has to start green card process and finish PERM, which usually takes about a year, many times more than that. It looks like you are out of time for this to happen. Also, finding such employer do do this is difficult to great extent. It is clear that your intention is to stay in US for long time and many employer would like that but irony is that that cannot be your intention when you start your H1b job. I suggest you hire an attorney and explain this.
  7. care_candidate

    RFE on I485 for expired I-693- Clarification on Supplement J

    Yes; I-485J are mandatory nowadays for employment based GC.
  8. @Disturbia There are people here who have waited more than a decade. EB-2 India is one of the worst category to be in and EB-3 is close second. People visit visa bulletin each month for years and try to estimate when their own date will be current. We all know the risk of going for stamping and despite the fact that H-1b is intended for maximum of six years, people stay at that status for more than 15 years. It is not uncommon to complain about your situation but get this that there are hundreds of thousand people similar to yours. In your case, for PD=2012, my estimate is that it will be at least to 3-4 years to become current - Hard to swallow but it is not far fetched. Having PD too old is not the only factor that affects here. There are thing such as number of candidates with you, resources available, political will, elections...and many more things that you have no control of even you are suffering. Nobody forces candidates to work or stay and wait; it is your best choice you opt.
  9. care_candidate

    J1 waiver completion letter- required for H1B transfer?

    You need to explain more. You have J-1 waiver with 2 year rule and H1b together? Are you not working as hardship job? What is your intention?
  10. care_candidate

    Is AOS interview mandatory filed in 2012?

    No, only for August 2017+
  11. I want to share my successful experience for my spouse' employment-based interview as there are very few shared notes on this new topic. This was in first week of January 2019. I went little early and was taken for interview ahead of schedule into officer’s office. Before seating officer made me take oath about truthful responses. Officer also have me signed a form saying that I will not accompany with my immigration attorney for the interview. As expected, this officer seemed to be not much trained for taking EB interviews. There were two purposes for this interview. First, is to know that I am the same person who applied. This was done by taking photo, finger print and asking personal questions about name, address and family details. Second, is to know if anything changed since I-485 was submitted, which was less than a year for my case. For this, officer asked many questions from those 80 questions (“Have you EVER…”) set from form I-485. Officer glanced over those questions and asked few questions from each page verifying if answers were matching. Wherever there was YES answer in the form, officer did ask more and added quick notes based on responses. After finishing these questions, at the end of form I-485, officer filled section 13 with appropriate numbers in boxes and then we both signed at the end. Then, I was asked to submit current employer pay stub, interview invitation and letter of confirming current employment based on I-485J. There was no interest in any other documents that I brought. Also, since I got interview very early than I anticipated, the EAD/AP cards were still in progress. At the end, officer told me that they already reviewed my case before my arrival and interview confirmed that there is nothing else that will obstruct the case from proceeding to approval. Officer gave me already printed form that was in my file saying the same. Officer was very professional, courteous and interview was without any pressure, though I was little tensed from inside 😊. I was in that office for merely less than 25 minutes.
  12. care_candidate

    My Employment based interview experience

    Sorry, I cannot answer your specific questions for privacy purpose. Only thing I can tell is that I did submit I-693 with original documents.
  13. care_candidate

    I 485 filing question - Date of Filing Chart

    1. Yes. It is common for them to RFE for that. It's nothing negative but for sure it will add additional time to process I-485. My advice is that it's not just the I-693 form that takes time but there are many medical immunization requirements for doctor to check mark on your application to complete. Some of the shots if you haven't taken need to be taken in some intervals - If I remember correctly, at least two of them needed to be taken with gap of 6 months. You should better get to Doctor to make sure you have them. This will make you get prepared for when you want to submit. Also, if you do not have record of where/when immunizations are taken, doctor may ask you to take (again) to have it on the record. Some of them are in grey area but as your intention is to be 100% complete, make sure you have what you want. 2. That's when your file will be open and they will find a missing document that is absolutely necessary that that time. 3. I think they will not issue interview appointment before receiving all the documents. So, if they find it missing, just add the time to get that form, which in some cases more than a month too. When they get all the documents in order, they will issue invitation for interview that is at least a month after you receive invite.
  14. care_candidate

    Traffiic Violations and I-485 pending

    Assuming you are EB candidate. As always, you will be asked if anything changed since you applied for I-485. You answer will change to YES to at least two questions from those 80 questions on form. You should disclose it and provide all necessary documentation. As it is not too serious, it likely not affect anything.
  15. care_candidate

    I 485 filing question - Date of Filing Chart

    They will keep processing your application no matter what. They will also call you for an interview when your number comes in line. They will also take decision to approve/reject or ask for more information during interview. However, if they decide to approve it at the time of interview, they will look to see if "Final action chart date"has surpassed your priority date. If it has surpassed you will get it quickly within days. If it has not surpassed, they will wait for it and once it surpasses, you will automatically be eligible to get it without doing anything on your part.
  16. It has nothing to do with your immigration, look for company contract.
  17. No matter what, once they overstay on any visa, chances of becoming GC holder becomes excessively slim. I may be incorrect here, but it does look like their remaining visa is very short (< 6 months?), and if you want to play safe, applying B1/B2 visa and then arrive is better.
  18. care_candidate

    I-485 application and Priority Date on I-797C

    No issue there. You guys are applying for only one application, other one won't get addressed as you haven't applied. When your PD becomes current, take no action.
  19. care_candidate

    what happens to I-485 if we go to India

    If you have valid AP along with EAD, there is no issue.
  20. care_candidate

    Move Over Traffic violation - I 485

    You are correctly answering these two questions. Towards the end of application there is place to explain what happened. There you can give very brief explanation such as "Minor move over traffic violation with $$ ticket - paid and resolved a week after incident". This way there will not be any confusion and no hiding. To me the question is formulated in wrong way. This is because of strong language, somebody who reads answer to may immediately get startled by thinking if you were arrested. They tried to gather many crimes into one big question and I think they should keep minor driving violations except DUI apart from major offenses. Anyway, if you have documents, you can add and if you don't have or if it is long ago, you can simply skip it. You may be asked during interview, but please be sure that such a minor item on your list cannot harm you chances of getting GC.
  21. EAD, based on I-140 are issued considering you will stay with employer for at least little while. That is the purpose of I-485J. Although it is not illegal to quit job after receiving EAD, it may raise red flags later, at the time of citizenship or as early as during green card interview. Since you are planning to opt 'Family based' route to get green card, it may have less or no effect but you should be aware of consequences. If nothing else, it depicts your aggressive intent to immigrate.
  22. care_candidate

    Travelling Restrictions for Visa Holders.

    You are citizen of India with valid passport. Why would you worry about what your airline route is? How's expired or unexpired visa to any other country is going to help or hurt you as long as you are not trespassing into another country?
  23. care_candidate

    H4 Dropbox or F1 Visa Interview

    @Bheem70 As you want to be on F1 eventually studying then there is no point in going for H4 at all. Keep that H4 as backup to return to US. Otherwise if your university and your profile is genuine and you go with all necessary documents, most of the time, students do get F1 visa. Technically, your husband has no role in it unless he is sponsor for your expenses, which in your case may be true. But his I-140 has no effect. His financial situation, tax and other considerations are necessary to validate your sustained survival.
  24. At any transit airport, you are still in international transit - A Visa to UK?? Why?? Why would citizens of India have any issue going to India? It doesn't matter how your route is planned by airline and it doesn't matter what visa you are holding for any country. You are going to your home country with valid passport.
  25. care_candidate

    Drop box eligibility

    I was responding to your other question " Is relocation with amendment approval restrict drop box option" Whether or not you are eligible for drop box will be clear at the time you take appointment. You will know that yourself in few minutes.