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Everything posted by care_candidate

  1. care_candidate

    I94- Update

    I-94 entries are only guidelines and correct up to certain level. They mention it on website.
  2. care_candidate

    Visitor visa question

    1. They look everything when issuing visa. You should emphasize on student status and show intent to return with valid reasons. Although there are some cases where people similar to your case have been denied visa because they could not establish sufficient evidence to return. 2. Be truthful.
  3. As your PD has become current, you are eligible to apply for I-485. It doesn't matter what stage you I-130 is at this point. Even if I-130 application was not started, you can still apply I-130 and I-1485 (And I-765, I-131) together.
  4. Actually, for speeding ticket, the answer to 25, 26 and, 27 is YES. #25 has word "cited" in question so it is yes. #26 has word "cited" or charged with in question so it is yes. #27 says if you plead guilty. You paid the ticket so you plead guilty. So answer is yes. Keep in mind that your prior speeding ticket(s) has no effect on officer's decision on whether to accept or reject application. However, lying in application is absolutely dangerous. Officer may not have way to verify during interview but an applicant takes oath before interview and it may bite you in future. I would suggest to be honest and tell truth during interview. My spouse got speeding ticket(s) some time ago. We did as our attorney said to put YES for all three questions with hesitation. It had no effect and received GC.
  5. care_candidate


    The requirement for Green Card is taken from job description, not your resume.
  6. care_candidate

    Mr. Chandra Shekar Vemula

    You will not get visa if your passport is expiring in next six months.
  7. care_candidate

    H1B visa stamping in India with only 4 months left on i797 form

    1. Technically, there is no issue. Officer will probably ask you what your plan is after four months. 2. Again, technically no issue. But you will get I-94 for only remaining 2.5 months. 3. Your employer attorney is incorrect. If you get newly extended I-797 to your visa consulate, you will get visa until end of new period, 2023. 4. Don't understand the question.
  8. care_candidate

    Eligibility for Interview Waiver

    They waive interview when case is simple. In order to qualify for that, out of 6-7 questions they ask, they also for if your primary beneficiary (Your H1b spouse) is applying same category of visa for same employer. In this case, it is different employer. Although, if you can possibly get it waived by saying yes, your visa is valid, there is nothing wrong in doing that. If you still have doubt, just take appointment after expiration of current visa (September 2019), then there will be no other option.
  9. care_candidate

    H1B EXTENSION with I140

    Typically, people use current company's approved I-140 to get to new company' H1b, beyond six years term. So, technically you are doing very similar to that. But, in future, you may be asked your intention to file I-140 with new company when you never joined it. Everyone knows that getting approved I-140 is about 1-2 years of process. I think you can still do it. It's better to clear that with good attorney.
  10. care_candidate

    New Job with EAD & I485 Supplement J

    Correct, it is required after every change in job situation.
  11. care_candidate

    EB2 Priority dates question.

    Each month, USCIS publish two charts and they specify which chart to use for which category, Employment based and Family based. You can find that here, https://www.uscis.gov/visabulletininfo According to latest information for August 2019 as well as September 2019, you will have to use "Final action chart". For your case, EB-2 UAE/ROW, PD is at January 1, 2018, which is about 12 months behind your PD. So, you cannot apply. Also, when you are eligible to apply, follow "Counselor Processing" if you are applying from outside of US, or "Adjustment of Status" if you are applying from within US.
  12. 1. There are no categories. Prevailing wage is dependent on geographical region, similar same jobs, position. Your attorney has fixed way to make determination. 2. Job description. 3. Depends on job description and or minimum requirements. 4. Again, depends on only job description. 5. Yes company can upgrade/downgrade categories provided there is justification of job requirements. This is very common. PD needs to be requested to be retained and generally accepted.
  13. care_candidate

    Future change from EB3 EAD to EB2

    a. Yes, based on activation EAD. Make sure to have same or similar SOC code for new job. b. It does not matter whether you will be working for old or new employer. This is because, I-485 process is independent of employer. You filed it, not the employer; they may have paid for it but it was your only. When/If you change employer, with new employer, you will have to file I-485J (3 page small form) that will be signed by your employer saying that you will be employed by them after receiving Green Card. All other documents and process remains the same. At the point of interview, you will asked to show similarity between two job functions.
  14. care_candidate

    GC PERM Recruitment

    It happens many times - perfectly ok
  15. care_candidate

    Travel to India with valid H4 but not stamped

    1. Yes, of course 2.? 3. Yes. Once you take appointment, they will give you list of documents to bring. Also, it is good idea to take all supporting documents with you. If you are talking about experience at interview, it is going to be about you H4 dependent status to primary beneficiary. They may ask for if you had any other visa and have you worked in US and some other related information. Generally H4 is stress free if you are a genuine candidate. I have had similar experience in past and my only suggestion is to answer all questions concisely and confidently. In my honest opinion, it is always some risk when you go into consulate for visa interview. Nowadays, they started issuing RFE for more and more candidates. Then again, for truthful candidates, it is not much trouble. 4. Nothing must do activities but it is advised to take appointment during beginning part of your trip. This way if they ask for more evidence or delay process for any reason, you are not fighting against time to return to US.
  16. When you travel after submitting advanced parole application I-131, before you receive approval, application gets denied as you abandon terms of parole. Nothing will happen to your I-485 application. Yes, it can be refiled and will be dealt separately, as always. Also, as you traveled after I-485 application, you need to update your travel details that you mentioned in I-485 at the time of interview.
  17. care_candidate

    Processing time after priority date becomes current

    You mentioned that you and your family received green card 5 years ago. Then what are you looking for now?
  18. care_candidate

    H1b transfer I 140 approved

    First of all it is not H1b transfer. Your new employer has to do everything as if they are applying for new H1b. Only difference is that it will not be capped, so there is no issue about whether visa is available or not. Process will take same amount of time and if you are in hurry, premium options is available. If your 6 years are exceeded and you have I-140 approved, then you will need that I-140 approved for more than 180 days. This way even if your old employer cancels I-140, it won't harm your new application. Then comes Green card process. Once you receive H1b in hand, you will need to start Green card process with new employer. Again, it is not a transfer, it is starting application from the start: PERM-I-140-I-485. Again only difference is that you can request to keep your old Priority date so you won't lose significant amount of time, particularly if you are from India and in EB-2 or Eb-3 category. That's it 🙂
  19. care_candidate

    WT/WB received on passport stamping. Next steps?

    The stamp they have in passport supersedes anything else. If they don't do anything else, they will have to leave on or before August 31st. Now that the stamp is incorrect, they need to get that corrected. They can take INFOPASS appointment to get some idea what to do. This will be easiest step to take without leaving US because of immigration officer's mistake. B-1/B-2 visa has no requirement to show return ticket but some officer's do demand that. Sometimes even at departure airport they do need to see return ticket. We had similar experience about having one way ticket for parent at departure airport. But since the traveler traveled to US several times before, departure airport said OK after some arguments.
  20. care_candidate

    I-551 use in travel from India / Dubai to US

    Yes, it is not common but still used.
  21. care_candidate

    Processing time after priority date becomes current

    EB = Employment based. You probably need to look at FB = Family based priority date.
  22. Yes, if it was approved for more than 180 days.
  23. care_candidate

    Reentry into US after H1B visa stamping

    If it is a matter of a day, why don't you just delay your arrival? I would ask this question to company attorney, who filed your application or directly to visa officer who will issue you visa.