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Everything posted by Belle

  1. 1. Yes. 2. Not if using AC21. AC21 has additional rules, though, not just the dates. 3, 4. It really does not matter what the industry is. What matters is a function. 5. You can maintain eligibility without being employed until your I-485 is approved. 6. Yes. Talk to a lawyer about it. 7. Your own. 8. Again, talk to a lawyer. There is nothing odd about your case that would need H1B, but your petition has been pending for so long, it makes me wonder what's going on.
  2. Call the 1-800 number, give them you I-485 first, then your husband's I-485 receipt number, and tell them you would like to switch eligibility to be his derivative (that would be a service request). They may issue an RFE for marriage certificate if one was not filed with I-485.
  3. If you don't get your EAD before H1 expiration, you will not be authorized to work. You can take an unpaid leave or try to just wing it. You are covered for 180 days of unauthorized work. Your employer may get into trouble if they "knowingly employ you without authorization". That's unlikely, though.
  4. You wife may be present for up 180 days without status and still file I-485.
  5. Premium processing of I-140 takes two weeks. There is no way your I-485 will be approved in two weeks. The processing of I-485 will take at least 2 months.
  6. Belle

    Do fingerprints still expire after 15 months?!

    Yes, they expire. And when they expire, the USCIS re-runs them again. The worst you can do is to start bugging the USCIS about this non-existent problem.
  7. Your EAD and AP petitions will likely be denied now that I-485 is no longer pending.
  8. Belle

    I485 Pending Service Consideration

    Hm... don't think it's anything dangerous. However, your case is likely way past the decision timeframe, so I suggest opening a case problem report with the CIS Ombudsman office.
  9. Abc, of course. The reason they ask is to see if she's related to bin Ladens (well, you get the idea). It's NOT in your interest to lye needlessly.
  10. The reason why they are filing PERM is probably because the stickiest part of the process - the recruiting - is done. It's mart to piggyback on the original recruiting ad if you can.
  11. Take an InfoPass appointment at the office where you had your FP done.
  12. You would have no issues if you are eligible for AC21, which unfortunately I can't tell from your description.
  13. H1B extension can be granted based on any unrevoked I-140. The employers don't have to be the same. Paystubs is not the only way to prove ability to pay. My I-140 had annual report as proof even though I was working there (obviously, it was a public company).
  14. Check with the lawyer about non immigrant intent and O visa. My understanding is that you should not travel on O visa while I-485 is pending and AP has not been approved. As far as I know, I-140 approval does not expire. You can file I-485 10 years after the I-140 approval for all I know.
  15. B1 process is called COS, not AOS. Term AOS is used for I-485 only. The problem with B status is that you plan to obtain it so close to the I-140/I-485 filing. It's a question of intent - when filing COS to B2 you should not have immigrant intent.. and your I-485 and even I-140 (self filed) shows immigrant intent. In fact, even your old EB2 petition shows immigrant intent, but you can argue that you no longer have immigrant intent because the intent is tied to your date of original I-140 filing. Obviously, your non-immigrant intent can be very much questioned if you sandwich it between two immigrant filings. So, here my recommendation - don't file B2 COS. Go out of status on your H1. You can be out of status for up to 180 days and still file I-485 under 245k exemption. That's your best bet. P.S. Before taking some stranger's advice on an anonymous board to intentionally go out of status, you should consult a qualified lawyer.
  16. I don't think you need to worry right now. Fill the petitions based on the best of your knowledge. It's possible that the lawyer gave you the receipt number for someone else.
  17. Belle

    G28 form while filing AC21

    G28 is filed on a petition that is pending, but the petitioner. If you are talking about I-485 petition, then you are the petitioner. Your employer is the petitioner on I-140, however, it is very much recommended to use AC21 after I-140 is approved, so it is not pending any more.
  18. No. Your salary is the result of negotiation between you and your employer(s). It also looks like you are being underpaid.
  19. 1. Can be between six months and several years. Can't tell without knowing full details. 2. Nothing. L visas are dual intent, and don't impact his green card process in any way.
  20. Belle

    Adding spouse to GC on F2A

    You can do it without a lawyer, assuming you are generally good at filling government papers (I would still recommend a couple of paid consultations). Also, you are not "adding" your wife. You will be sponsoring her through I-130, and she will be filing her own I-485. Since your future wife in on F1, timing of her I-485 filing can be important relative to her entry to the US or F1 extension. This is something to get advice on from the lawyer.
  21. That was meant to be 3 to 4 weeks.
  22. Belle

    Any idea about the processing times

    If you don't get approval within 30 days of your PD becoming current, create a service request. The USCIS usually lines up "ready for approval" petitions with PD becoming current, and these are approved in the first two weeks of the month.
  23. Belle

    New H1 with approved I-140

    1. Probably. Talk to a lawyer first. 2. You are talking about some urban myth here. There is no obligation to ever work for a company that just sponsored you on I-140. 3. That's why you need to talk to a lawyer. 4. If they take you - sure.
  24. Belle

    EB2 - NIW I140 Approved, 485 pending

    Your attorney is incorrect. You only need to be in status when you file I-485. There is no need to maintain status while I-485 is already pending.
  25. It will depend on your responsibilities in both professions, but overall, this does not seem like a change that would worry me much. A paid consultation will be very good in your circumstances.