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Belle

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Everything posted by Belle

  1. You need advice of a good attorney. I think the best thing to do is not to lie or try to get a employee job quickly, but claim to be self employed in your profession, which is an option under AC21. A good attorney can help you build a solid case.
  2. Belle

    Delay in dependent 485 approval

    It's not unusual to have two connected petition approved at different times. Wait for 30-60 days after your approval, then your spouse should probably create a service request.
  3. There is no "adding" to your I-485. Your spouse will be filing his/her own I-485. However, the only way your spouse can become eligible to file I-485 under your category, you must be married before your I-485 is approved. If the marriage is after your green card application is approved, you will be able to sponsor your spouse under family category (some wait is expected). Now, given that you just found someone compatible, I would caution you against getting married to accommodate your green card schedule. Marriage is a bigger deal than a green card. Your SA does not seem to be up against the wall in status and has options. Just go at the pace two of you are comfortable.
  4. Belle

    Changing jobs while I-140 is approved

    1. No and yes. If you are planning to work for the old employer after the getting the green card, and the old employer is willing to hire you for the original position, you can use it. In other words, changing the job by itself does not invalidate the petition. 2. No. 3. Yes, you can use the old priority date in future EB petitions. 4. Keep proof of the original priority date.
  5. Generally, you get your notice 34 weeks in advance of the FP appointment. The appointment can be cancelled and then the USCIS will reschedule it. They usually do it a month after the original appointment. The instructions for rescheduling are on the notice.
  6. Generally speaking, you are supposed to have the intent to work in the position/job you are being sponsored for "indefinitely". That means you are not expecting a swift change. In practical terms, if you or your spouse were not born in India or China, it makes total sense to switch now because your processing time in EB2 will be the same as in EB1. In not, you need some prioritizing to do - you need to thing what your end goal is, green card or career you love. Most people want the green card so they can work in a job that they love, yet, they routinely sacrifice a job that they love for a green card - talk about defying the goal!
  7. Belle

    New 140 having old EAD A#

    The A number was assigned to you as a person. Each petition has it's own number, which is the receipt number.
  8. OK, I did not quite get what happened... can you explain one more time?
  9. Yes, you can. You need to consult your lawyer about the 90 day period since your last F1 change or entry so you are clear of the intent issue, but overall, it's not a problem to file while in F1 status.
  10. 1. Try a case report with CIS Ombudsman. 2. Your last resort is Writ of Mandamus lawsuit.
  11. Yes, your petitions can be filed together. There are no specific risks to concurrent filing, other than losing the I-485 fee if the I-140 is denied.
  12. Belle

    Company change, pending AOS for 9-months

    Two things - green card sponsorship vs employment authorization. For the second one you need AC21 - assuming you are planning to work for B after getting your green card. For the first one, since H1B is out of question, you can either use your EAD or wait until your green card is approved - that second one requires an AC21 notification. You can file an AC21 notification with your job offer (no actual need to take the job until green card is approved).
  13. Belle

    Job on EAD

    If you are the primary on an EB3 petition (does not allow self-sponsorship), then you should have at least a job offer in your profession (your = the one you were sponsored for) when and if the USCIS asks for it in an RFE. There is no requirement to be employed.
  14. Your address change will not trigger any additional review. My recommendation is to take an InfoPass ~3 weeks after the address change form was submitted, and make sure the new address is reflected on your I-485. I once found out that two (!) of my address changes did not "take" on my application. I got the address change confirmations from the USCIS both times.
  15. 2. I believe so. They do sometimes include a color page in the RFEs that will help route the response faster, but it is a technicality.
  16. Belle

    Ready to resign - COS required?

    If you are not overstaying your I-94, and leaving the country, then while technically staying out of status is a violation, it's rather inconsequential.
  17. The USCIS guidance is right on the money.
  18. Belle

    AOS and employer is changing

    You should talk to your immigration about successor petition vs. AC21 notification for your case. Either (or both, in fact) can be done.
  19. My two roles were similar, but fell into two different categories. One was for research, and the other was in management. It was not a problem. However, I don't believe that any mentioning of the code for my new job was made in the AC21 letter. I just had the job description from the job offer.
  20. Belle

    Copies of Old Passports

    No. Generally speaking, you want to have a copy bio page from your current or most recent passport submitted as photographic evidence that you are who you say you are. Sometimes, it is helpful to submit copy of the visa that you used when you entered the US last (if not available, it's not a huge deal as long as you have your I-94).
  21. Belle

    My Green Card and Wife's EAD

    Yes, but not in a meaningful (for her) way. Her H4 status will be over, but she will be in adjustment of status, which is while technically not a status of its own, not anything to worry about.
  22. My recommendation is if you receive nothing in 30 or so days to open a service request to merge the I numbers. Just give them both numbers, and that should do the trick.
  23. Belle

    Risk Factor?

    These are independent (other than PD) petitions considered on their own merits. Denial of one does not impact the status of the other.
  24. Yes, she can. I see no issues.
  25. Belle

    I140 Amendment Pending and AC21

    1. Are you eligible for AC21 - as your case stands right now, yet. 2. Can bad things happen and your case go to hell? Unlikely, to possible. I would suggest talking to a good attorney about it. Just one paid consultation will help you in many ways.
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