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Everything posted by Belle

  1. Belle

    What should I file?

    Since you have already figured out the O-1 extension, I suggest that you file that one first, and then consult with an attorney about EB1. Or just get a consultation first to see how difficult/time consuming your EB1 would be. The first consultation is usually around $100.
  2. It kind of bothers me that you would dive into detail of pretty rare specific situations and not even check out what AC21 is. Like, in general, what it is...
  3. Then, yes, you are eligible.
  4. If you were to stay in TX, you should get another LC/I-140. If you are eventually planning to go back to Chicago, then there is no need.
  5. You should discuss it with your lawyer. I don't think it's a problem, but I don't know enough to tell for sure.
  6. Belle


    My guess, the same reason as the first interview...
  7. Belle

    What kind of visa should be?

    1. She may visit the US on a visa waiver. 2. You should talk to a lawyer about following to join process for her. That's the only way for her to get her green card. Why did not she file I-485 when she was in the US on H4?
  8. Belle

    I-140 denied 2007 Can i apply AC21

    You may only use AC21 when your I-485 is pending. Since yours is not, you can't use it.
  9. Belle

    I-140 denied 2007 Can i apply AC21

    That's incorrect. You don't need H1B for AC21.
  10. Belle

    Address on Advance Parole Document

    Once you move, you should update your address on your AP petition, assuming it is pending at the time. And on I-485, too.
  11. Bring you most current job letter to the interview. Get a paid consultation with an attorney of your own.
  12. There is no conflict between these two filings. However, if your current employer withdraws I-140 before it is approved, you will lose the priority date.
  13. Belle

    GC process while out of country

    I-485 can only be filed by you in the US. However, there is a different way for you to get a green card, through consular processing (does not involve an I-485).
  14. There are plenty of reasons for I-485 denial that will lead to H1 COS denial. Inadmissibility is a pretty common one.
  15. You may apply for a new H1 while in AOS.
  16. You seem to be very confused about the process. The title change with the same employer may be an issue (and I have seen many case where added Sr. is not an issue), but it is irrelevant if you are changing employers. You will either be filing AC21 or a whole new LC.
  17. Belle

    Job change on EAD

    You need to read about AC21. It's a way by which you can port your green card sponsorship to a new company. Whether you use EAD or H1 for work is not important.
  18. She is going to be fine, just watch for the H1 cancellation. Talk to your lawyer about filing for the new H1. I am not sure how long it takes to cancel a current H1, but generally the USCIS will give you at least 10 days. She can reuse the PD on her old I-140 even if it is withdrawn.
  19. 1. Your EAD is valid for as long as there is no decision on I-485. 2. It's possible that I-485 will get denied because your petition (I-485) was filed when your [effective now] PD was not current when I-485 was filed. 3. You sure can.
  20. No, your employer does not need to do anything for your I-485. If the USCIS needs something from you or your employer, they will contact you, but most likely they would just approve.
  21. Belle

    Tn to Greencard

    You can generally for AOS 90 days after getting a non-immigrant status through entry or COS.
  22. I believe so. The category is assigned on the I-140 stage, and you can request third category.
  23. Belle

    Adjustment of status for my father

    The problem is that you are not supposed to have immigrant intent when you come as a tourist. And no, it is not done routinely.