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Everything posted by care_candidate

  1. care_candidate

    H1B validity

    It doesn't matter, you need to file extension. Only latest I-94 is to be considered as active.
  2. care_candidate

    H1B Stamping required/not?

    Past few years, they have added question at POE. "What is the proof that you are working for this employer?" You are most certainly will be asked to show I-797.
  3. Take another form of id; and yes you are thinking too much 🙂 good luck
  4. care_candidate

    Green card for spouse

    You are not providing all the details such as what is her citizenship/country of birth, if she want to work, if wedding happened already or not..etc. At this point there are four ways for you. There may be more, which I am not aware of at this point. She can come to US on H1b or other work visas provided she gets job that sponsors it. This will be the quickest and temporary (Up to six years if it is H1b visa) way to come in. The other way is to come in on K-1 fiancee visa but I think there are conditions to qualify for that, that she needs to be fiancee and you need to marry in next 90 days and I think you need to be US citizen for that. If you are becoming US citizen soon, you may consider this. This will be also relatively quick way depending on when you are getting your citizenship. She can come in on B1/B2 visitor visa fairly quickly. However there may be some issue to getting it approved as she will be questioned on her intent to be immigrant as her spouse is already here. It may not act in negative way but you never know this. For permanent way as they suggested, apply for her Family based Green Card in F2A category, which will typically take 1-2 years depending on how dates move. Good luck
  5. care_candidate

    H1B to GC process

    A year for PERM and 2-4 months for I-140 is common. After that it varies huge. If you want range it is, 1 to 20+ years. It depends on what country and what Employment based Green Card category you are looking for. So, to answer your question, you do not fit in this way. However, there are other visas to be considered and you should not waste additional time on this forum and contact immigration attorney promptly.
  6. care_candidate

    B1/B2 extension

    Quickest way is to schedule an INFOPASS appointment. You may be able to get extension if she has not exceeded 6 moths of stay. https://my.uscis.gov/en/appointment/v2
  7. care_candidate

    F1 visa interview

    You are on F1 and want to get f1??
  8. care_candidate

    B2 Visitor Visa Interview - Parent having Metal implants

    Not particularly, it's just similar to airports. Just tell them before going through metal detector.
  9. care_candidate

    i-94 valid after passport expiry

    That's mistake by officer. Take appointment with INFOPASS and correct error and extend till visa is valid.
  10. care_candidate

    Time limit for I 485 filing

    You already have posted same question. Why again? Are you hoping for different answer?
  11. There are two separate questions here. And several points you are missing. 1. Can you file EB-1? There are specific requirements to be eligible for EB-1 category. These are explained here. https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1 After reading, you can see it is for person with extraordinary ability in his/her field (Scholar/Professorship/medals...). Your 2 degrees are do not cover under this criterion. Patent may be something that can help but understand that they check meticulously in order to qualify you for EB-1. 2. Can you file with parents? Important thing to note is that EB means employment based and filing with parent is family based. Are you trying to sponsor your own parent to Green Card? You cannot without having US citizenship. Are they filing on their own by adding you as dependent? Most likely not. This is because first, you are not dependent, second only spouse can be filed under this (ie. Primary beneficiary I-140 and add spouse as dependent), third they cannot file on their own unless they qualify for other categories such as Investors (EB-5), Religious (EB-4)...etc. I am assuming that you are EB-2 from India. Then, if you stay in EB-2 boat, you will apply for I-485 when date becomes current, which, most likely in next two years (earlier if Date of filing speeds up and remains usable). You can still talk to attorney for EB-1, that can get you Green Card in about next 2 years as those dates are behind about 2 years too but fluctuate constantly.
  12. care_candidate

    H1-B to Green Card

    He can be on your Green Card application if you want. Both applications go together - Make sure to mention that to company attorney.
  13. care_candidate

    Unemployment on EAD

    You are fine now. At the time of applying for I-485, you should have employer, which will sign your I-485J.
  14. There is no effect of what speed you select to process your I-140 on the decision. Only difference is time and money.
  15. care_candidate

    Green Card Sponsorship: RFE on I-140

    Many employer don't give as a way to keep employee 🙂
  16. care_candidate

    Time limit for I 485 filing

    You can apply to I-485 only when your Priority date is current. If it was current and then retrogressed, you need to wait. When you changed employer for Employment based Green card, you need to start over from scratch. You can still apply to retain old priority date but still need to apply for PERM, I-140 before filing I-485. If date is current, you can file concurrent.
  17. care_candidate

    Applying B1 visa if have pending immigrant petition

    Correct. You have clearly shown immigration intent by applying for immigrant status when you started Green Card process. There is no way they will issue B-1 visa. As a matter of fact it can be considered as fraudulent to apply for visitor visa when you already have I-140 approved. Talk to immigration attorney or Murthy kind of firm that can help you to find out what other visa option you have.
  18. You will not get passport stamped at Consulate because of passport expiration. As you have time now, you should renew it within US. Indian passport renewal takes about 2-3 weeks in regular setting and 1-2 days in Tatkal (Instant). However, you will not be eligible for Tatkal as you have plenty of time.
  19. care_candidate

    Automatic Revalidaiton (AVR) Mexico Travel

    You must fit in the criteria as described https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html
  20. care_candidate

    Switch from H4 to J1

    My friend had to have J-1 for residency for medical doctor even though she was on H4 EAD. The program which accepted her asked to apply for J-1 only. She did it and now finished residency. Here are answers: Yes, she can apply for J-1 from US through ECFMG sponsorship. That is the only way to get it. And she may have to sign for 2-year home residency rule. You can google that if you don't know what that means. It is change of status and may need to get it stamped outside US. There is no average time statistics but give or take 6 months is good amount of time. There is involvement of both government, ECFMG and candidate etc. Quite a few documents need to be approved from her local government official. She will be on J-1 visa. H-4/EAD will be over. If you have her with your Green Card process, she will be cut out of it. That you need to ask to her current program. Most likely she will finish residency on current visa and start fellowship on new visa. Aaaah India!! (Same for my friend too) - Please add extra time as government official there do take extra time for approval. Start now, you will be needing all this time to make sure she gets that in hand before starting the program. Do not waste time anymore.
  21. It looks like they have suspicion or proof of her staying beyond her I-94 expiration. It is not very difficult to track all of her entries and exit and check against respective I-94s. If you can prove that she always returned on time, this will go away.
  22. care_candidate

    EB3-India October 2019 visa bulletin

    You are correct that you are eligible to "File" your I-485 application. Please understand that other chart of "Final action" is not there yet. So, they won't look at your application until that chart reaches your PD. My estimation is that it may take next 12-24 months approximately. After that it will take about 6-12 months to process application and receive Green Card at the end. So, realistically you are looking at about two to three years from now. There is no guarantee and if retrogression comes, it may delay further.
  23. care_candidate

    Multiple visits within the same year

    Taking care of baby construes to employment. If they are coming on visitor's visa, that will be fraudulent activity and misuse of visa. They should be visiting grandchildren/children only. It doesn't matter how they want to distribute visit between two places as long as they leave each time before their respective I-94 expiry. Gap doesn't matter a lot but they should be going to home country for sufficient time and not Canada/Mexico or adjacent Islands.
  24. care_candidate

    Missing date stamp on passport/I94 entry

    1. I-94 online form is not an official document. USCIS knows that and mention it on their website. Not having actual stamp or faint stamp is not a big issue. Nobody checks it afterwards. Just make sure that you know the exact expiry date. If you have I-94 number, you can find that date. 2. I don't think so. Make sure you document all entries and exit dates correctly. 3. Not at all.
  25. care_candidate

    Missed GC 485 filing

    You missed your chance. Wait till it becomes current. "Keep watching USCIS visa bulletin"......This is one utmost and only thing you need to look for in getting Green card