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Everything posted by Belle

  1. Are you questioning the laws without reading them. Have an easy answer for you - read them.
  2. There is no such thing as "adding the spouse", and by the same token, no such thing as "not adding the spouse". The spouse files his/her own I-485 (no, you can't do it "for her"), and if your I-485 is approved, the spouse still remains eligible to file under your category.
  3. Your OPT is not going to be impacted unless you leave the country and enter on AP before I-485 denial.
  4. Belle

    Can I enter on AP, and spouse on H4 ?

    I meant on different days/flights. Stamp expiration does not impact one's status, and it is an issue of status here, not visa.
  5. Belle

    Can I enter on AP, and spouse on H4 ?

    Have your spouse enter before you do. In this case, your H1 is still valid, and there is no clarity whether you would use H1 or AP to enter. So, in either case, your spouse's H4 should be considered valid. Also, talk to a lawyer and ask whether H4 applicants need to show that the underlying H1 petition is valid or that the H1 holder entered on H1 on top of it. It's a bit of a squishy subject.
  6. Talk to a lawyer. Your contract does not seem to be enforceable.
  7. The problem here is not "out of status", it's illegal presence, which is a lot worse. If your I-94 expires, you are illegally present, and thus cannot file I-485 in the US (unlike being out of status, when you can still file I-485 for 180 days), and thus will have to leave the US and apply for consular processing. Also, if you stay illegally in the US for over 180 days, you will be subject to admission bars (3 year and then 10), which means that you won't be able to come back to the US in any status. What you need is your own immigration lawyer. Get a consultation, bring in all of your stuff, and develop a plan of action.
  8. 1. You can stay in the US for as long as your I-485 is not denied. 2. I don't believe it needs to be corrected.
  9. No, there is no obligation for your employer to pay you prevailing wage in AC21 as long as the jobs are "similar".
  10. Technically, AC21 is only based on 180 days of I-485 pending, so it should not go away if you use a new I-140. However, it's a bit of a squishy subject, so I would talk to a lawyer.
  11. The whole "never been to the US" means "never broken any US laws, like immigration laws" because, well, she physically could not (so, there is nothing to check for the consulate). If she has been to the US in the past, she will need to show that she complied with the terms of the visa/status. Coming as a visitor is possible, but may be problematic given her immigrant intent. My advice would be for her to explain that she does not have any immigrant intent during this visit, i.e. she will immigrate, but later, through consulate processing, for which she would have to leave the US. I cannot guarantee that it would work, though.
  12. You need to determine whether you are eligible for AC21. It's a tricky question in your case because of the category change, so it's best consult a lawyer (hire your own).
  13. 1. Yes. There is no restriction. If you get married the day before approval, you can start the process the day of approval. 2. A few months in total. 3. Not a lot if she is not a criminal and never been to the US. 4. For her to come to the US and file I-485 when the PD is current.
  14. Belle

    Marry US Citizen while on F-1 status

    1. You would have to travel using AP. It is most likely you will have EAD by June. Your studies are not impacted in any way. 2. You may apply for OPT EAD now. You can use it in the meantime... but I would not use after you enter on AP. It's not a big violation, though.
  15. Belle

    I-140 Approved what next step

    You need to get a paid consultation with a good lawyer.
  16. It's been denied, and now it's final.
  17. Belle

    after PERM and I-140 are approved.

    You have your original 6 years - and you are entitled to them all, regardless of what's going on with your immigration case(s). Beyond that, you need to have a valid immigration petition in process, and there are additional conditions on which stage it is in and when it was started. But it needs to be ongoing, and this is why a withdrawn I-140 would not cut it for the extension beyond the original 6 years. If you get a 3 year H1B extension beyond the 6 years, then you are entitled to that time whether your I-140 remains valid or not during those 3 years. You can check with a lawyer on that - you can call any immigration lawyer and ask for a paid consultation.
  18. Figure it out yourself based on what the USCIS site says, and send the application yourself. Your lawyer is highly incompetent.
  19. Need more info. Does your green card category allow for derivative beneficiaries, or are you filing a new I-130 for your spouse? Is your spouse outside of the US?
  20. She may continue to stay in the US while I-485 is pending. DO NOT file for a visitor status extension for her and do not let her travel on a visitor visa.
  21. Then you should seriously ask your lawyer what happens if your wife continues out of status on L2 while you lose L1. The trick is that since your wife would be losing status through no fault of her own, she will have at least 180 days before it is impossible for her to file I-485 and maybe even longer (see no fault of her own clause). She will also be able to stay in the US (but not travel) for as long as her I-94 is valid, without becoming illegally present. It's a little bit of a dangerous game, but maybe worth playing.
  22. As my friend says, this dog ain't gonna hunt. First, if you enter on AP while I-485 is denied, your entry would likely be considered illegal (and it's a big if whether you are going to be let into the country). Second, the only way you can reopen I-485 is if you have some other eligibility for a green card (your own I-140 or a relative petition), which you don't mention, and thus I assume is not an option. You should talk to a lawyer to understand your situation better.
  23. What do you need the code for, and why do you want to use exactly the same code?
  24. Belle

    H1 Transfer while on EAD

    Yes. No.