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Everything posted by Belle

  1. Belle

    delay in 485 processing

    Have your priority date been current all this time? If so, wait for the response for the SR. Take an InfoPass. Create a case problem report with CIS Ombudsman. Consider preparing a Writ of Mandamus lawsuit.
  2. Belle

    New I94

    Yes, I have heard that this is an option. I would totally do it. Don't travel to Canada/Mexico by land, though. Get a flight or go to the Caribbean.
  3. There is no easy answer here. Also, you are classifying her options incorrectly. The options need to be considered as 1) her independent status and 2) her being your dependent/derivative. For #2 you must be married, but #1 works either way. Independent: 1. Visitor. Actually, it's a fine option for her to test the waters. It is OK to come as a visitor with an intention to look for a job. However, there may be some restrictions on changing to student status. Even if there are, however, a quick trip back home for the visa solves it. 2. Student. You have dismissed this opportunity, however there are many universities in the US that provide financial help for graduate study. Once she is here, she should check them out. 3. Work status. This one will be tougher because not only she would need a job offer, the company will have to apply for her work visa, she will go through lottery (with uncertain results), and then the company will have to wait for her for at least 6 months to start. Not a feasible option unless she is able to start working immediately on a temporary authorization (like OPT) and wait for the H1 status to clear out. Dependent. I can't comment here because your status is not clear.
  4. Sure, you can. The risk is if I-140 is denied, I-485 will also be denied, and you will lose the fee.
  5. 1. No. Any US employer can start a green card application for you. 2. Does not matter. You don't need to ever step on US soil for a green card application, assuming it is done through consular processing. 3. Your H1B authorization continues until it expires. You are not in H1 status when you are outside the US (i.e. you are not using it, but it is still valid).
  6. No. You don't have to worry. There is no evidence that the USCIS did not change it in their system. If anything, her interview notice is the evidence to the contrary. The USCIS will examine her documents, ask her about her situation, see if she has eligibility through a different category that she can use instead. Again, all of it is her business.
  7. 1. You can re-enter using H1 and H4 visas. 2. If you application is approved before your wife comes to the US and files I-485 (we are talking approved weeks before - if days, she can likely push the envelop by entering on H4 - I recommend that she enters the US before you do), then she will need to file following to join. So, call a lawyer and ask about your wife entering after your green card is approved on H4. How many days in between do they think they would be comfortable with? Should you be outside the US when your green card is approved? The point is that she can pull this off under the assumption that you did not know the green card was approved, and once she is legally admitted to the US, she can file her I-485.
  8. Belle

    EB2 - NIW I140 Approved, 485 pending

    Saying your employer file I-140 NIW and your I-485 is like saying your wife got herself pregnant without your help whatsoever.
  9. Belle

    Changing Jobs after i-140 approval

    The assertion is not based in fact, but a confabulation of incorrect interpretation of some laws not applicable to your situation. The same goes for pretty much any legal info you get from "friends".
  10. You are not supposed to file a new I-485 when you port. Please get a consultation with an attorney.
  11. Belle

    Future RFE

    Why would you use employer's address for your I-485? I-485 is your petition, and should be filed with your address on it. Please do check on that.
  12. I does not impact your application in any way. Your wife's case is between her and the USCIS now (i.e. none of your business).
  13. Belle

    Medical I-693 Same state as residence

    I guess that was confusing :-) The answer is "no", the medial can be done anywhere.
  14. Belle

    I130 Pending Background Checks

    Talk to a lawyer. If the visa number is available for your spouse (i.e. you can use that approval immediately), you should consider filing a Writ of Mandamus lawsuit.
  15. Belle

    Medical I-693 Same state as residence

    Yes, the medical can be done anywhere.
  16. 1. 2-4 months. 2. If you file I-485 with no real intention to stay with the company "indefinitely", you may be accused of misrepresentation. There is no set timeframe, but I would highly advise you not to do it with this goal in mind. 3. Sure. However, you are getting your GC specifically to work. You need to discuss this with a lawyer.
  17. To get reliable information, you can either ask the old company whether they withdrawn your application or you can file FOIA request. Or just pull the status of application on the web-site (but it may not be reliable). Another way is to get an InfoPass and ask about it. Just say you are about to file a new petition, so would like to confirm your priority date from the old one. Then, ask whether it was withdrawn. For a new green card, you will need a new LC/I-140 from your new employer. You can join the old company and file I-485, but I fail to see an advantage if you don't want to work there. LC/I-140 will take 6 month to 1 year, which in your career/life terms won't make much difference.
  18. Belle

    I485 RFE Question

    Talk to your lawyer first. I would think it's an important detail.
  19. Belle

    ap application

    Depends on a visa. If you have a dual intent visa like H1/H4 or L1/L2, then there are no issues. If you have a non-immigrant visa like F, your I-485 may be denied.
  20. Belle

    dependent cp

  21. Belle

    I-485 RFE - Future employment

    If you still consider A your sponsoring employer, you should submit a letter from them explaining that you have a job offer, your future start date (or "upon approval of permanent residence") and your offered wage.
  22. Belle

    After PERM: EB-2 ROW

    Depends of whether your I-485 has been accepted (i.e. receipt number given and check cashed) or not. If not accepted, it will be rejected, i.e. sent back as is. If accepted, it will be denied, and you are out for the money. Ask your lawyer. I really don't know how efficient the USCIS with this is.
  23. I would not worry about it. It is not your job to know what category her card should be in.
  24. Belle

    Affidavit of support for fiance visa

    1. You have to be either working or have $120,000 in the bank (may include other assets like second car, house, etc). A current employment letter is preferred. 2. Read about getting a co-sponsor. This is not a common experience.