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Everything posted by Belle

  1. Belle

    G-1145 form question

    Never heard of this form. When you say "I am filing" does that mean that you are personally filing or your lawyer is filing? Also, what do the G-1145 instructions under "Who should file" say?
  2. Belle

    Validity of EAD after AOS expiry date

    Whether she applied for EAD is irrelevant. If you are paroled, and you still work for the H1 employer, your spouse may continue on H4.
  3. Belle

    Dependent visa for EAD/green card holders

    Not enough information to answer. First of all, the spouse is not "added". The spouse is filing his/her own application for green card, likely, as a derivative beneficiary. Second, it is not clear if the marriage is before or after approval of the green card. Third, it is not clear if the primary applicant still maintains non-immigrant status like H1B. Forth, it is not clear if the spouse can qualify for independent status in the US, like worker or student. See why you need to talk to someone who knows laws?
  4. Belle

    Mass RFEs for EB2I ?

    Also, if you have done vaccinations already, you don't need to pay for it.
  5. Belle

    Approved 140 revoked by USCIS after 5 yrs

    Well, the AC21 is not going to help if the I-140 was revoked for a cause. It only helps if I-140 is revoked because the job is no longer offered to you. My advice would be to hire a good lawyer, file a new green card case, and appeal the old one to extend the time. Maybe something will work out, but in case of fraud the chances are slim.
  6. Belle

    AC21 Substantially Higher Wages

    I don't see any issues.
  7. Do you have a lawyer? If not, you should hire one. A denial appeal is not a DIY job. It is not clear from your question whether your case is eligible for AC21 or if it can be successfully appealed (just mentioning because it is a bad sign - if you don't really know why exactly your case should be re-opened, maybe you should not try to do it).
  8. Belle

    I140 Correction

    I believe, you should be able to. Just provide proof of earlier PD with the I-485 submission.
  9. You should submit I-20 or a copy of your old I-94 if you have it because it will show that you were in the country legally during that period of time. Tha covers all periods of time, but you don't need a lot of detailed information - just having copies of I-94 would be more than enough. What the USCIS is looking for is whether you were in the country illegally for over 180 days in one stretch. Then, you are inadmissible and can't get a green card.
  10. I would answer 1. Explain why you get immediately available number in a letter.
  11. Belle

    After PERM: EB-2 ROW

    Essentially, you can file the next day after the PERM approval. In fact, you should get your medical done ASAP. Those are valid for 180 days, so sure you will get to use it sooner.
  12. Your unauthorized work was less than 180 days, which makes you admissible back to the US. When you entered the US, your minor prior violations are re-set. You don't need 245k. To successfully file I-485 you need to be in status since the date of your last lawful admission (with some exceptions), which seems to be the case.
  13. Belle

    Self-EB2, Spouse EB3 - Please advice

    Talk to an attorney. I actually don't see any issues per se. One is allowed to flip houses on EAD all they can. You just need to figure out which option to choose for your adjudication.
  14. Belle

    485 Denied for cross chargeability

    Agree with JoeF. Need to file an appeal.
  15. Belle

    Validity of EAD after AOS expiry date

    4. Not clear. You are talking about YOUR I-94. Your spouse's status is a function of 1) you working for the H1 employer in agreed capacity and 2) his/her I-94.
  16. Belle

    Dependent AOS applicant

    Yes, you can start your green card process. Depending on your skill and your luck (will you be able to retain your original PD - you should not, but a surprising number of people got it retained, possibly by USCIS mistake) it may be the fastest way for you to get some sort of independent legal status in the US.
  17. Belle

    A situation to worry?

    The biggest question is whether the job offer you got from your sponsor (A) was ever real. If you have enough evidence (correspondence, mostly) to prove that in 2007 you indeed had a real job offer from them, then you are fine. You can also show that A's circumstances changed, and they no longer want to hire you.
  18. Belle

    Changing jobs after 485 approval

    There is no set timeframe. It is very unlikely that your old employer would complain about you changing the job, and if there is a good reason for your change (job duties, location, or wages changed), then you don't have to wait at all.
  19. Belle

    Eb1b Chances

    I have heard that an Olympic gold medal winner in gymnastics had been denied an EB1 petition (then successfully appealed). Things may happen. It does not mean you should not try. Make your best case.
  20. Belle

    I485 RFE for birth and marriage certificate

    All I can recommend is getting a consultation with a lawyer. It is quite possible that the same documents will work.
  21. Belle

    AC21 Job Letter

    Generally speaking, you do not need to submit the candidate requirements for a position. Just the description of the duties should be enough. I would advise you to go that route.
  22. It's no big deal. In the immigration sense, it's not...
  23. Belle

    What kind of visa should be?

    No, she does not have to be physically outside the US. She just have to reside outside the US, and go for the interview. Essentially, she may visit the US if she does not have an intent to stay at that particular visit.
  24. Belle


    If there is a confusion about your filing and priority dates, I would think that would be the main reason. But do bring a current job letter, and if you need to - claim AC21 portability at the interview. Sometimes they just want to check whether you have a job offer that complies with AC21.
  25. How's EB1-C an easy route for green card if most people who apply for EB visas did not work for the sponsoring company outside the US? It's not like you can create a time machine, go back in time, open an office of your company outside the US, and then work for it for a year...