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Everything posted by Belle

  1. Does not matter. If her application does not get approved with yours, then she should call.
  2. Belle

    Mistake in Perm and I-140

    What does it have to do with cross changeability? Are you using 2004 to 2007 to satisfy any experience requirements? If so, it's a big problem. If not, it's a small one. A lawyer should be able to fix it in the LC or maybe just in the I-140 and from that point on. The USCIS will check your LC work experience against your H1 records at the I-485 stage.
  3. Belle

    H4 after I140 Approval

    It's best for your wife to use H4, however, in a regular job, an H1 is possible. A regular job can give you a sabbatical, and technically you can stay in the US on H1 without being paid. However, if she is a consultant, I don't think this will fly. It is generally assumed that a consultant not being paid is on the bench, and thus it's a violation of H1. Plus, she would not have a client letter. So, H4 is the best way to go. No impact on her green card case.
  4. WOW. That sucks. A school like Arizona State should have enough scholarships to cover lots of people.
  5. Belle

    Adjustment of status for my father

    There is no problem sponsoring your father for a green card. There is a problem if he decides to adjust his status while in the US on a tourist visa. The best way is to file I-130 with consular processing. He can go back to his home country, have an interview, and then come back an LPR. Unless your home country is unstable, it's the best way.
  6. Interview for the family case is about interviewing the petitioner (your brother) and the beneficiary about their eligibility. I am not sure what they mean by testing, but it can be anything like "means testing" to background check.
  7. Belle

    L1A - GC on EB1

    I am not sure why your I-94 was stamped till 2016, but presumably, even if it is a mistake, you can stay in L1 status until then. Ask your lawyer about it.
  8. Not true. The consulate will request a visa number from the DOS, and if PD is not current, it won't be given.
  9. 1. You are still considered to be visitor until May 10. 2. No. You will be authorized presence with no status after that.
  10. Belle

    File AC21 during EB-3 to EB-2 upgrade

    I believe, you should file AC21 ASAP because your PD is current. If you have a job offer, file right away.
  11. Belle

    Stop working on I-485 pending

    Everyone has it's own EADs, so it's not a problem to quit. However, you should consult a lawyer if your green card case can be switched to his I-140. It appears to be me that it's the case. When porting from one immigrant petition to another (I-140 in your case), the USCIS uses the following criteria - you can port if you PD on the new case was current when your I-485 was filed, or it was current when this new I-140 was filed, or it is current now. It's very likely that his date was current when your I-485s were filed.
  12. Belle

    Passport Renewal Question

    I was not saying he is going to have the same experience. It's my $%^&*()(*#$%^ country that does it.
  13. Belle

    I-140 Withdrawal after filing AC21

    If you get an RFE or NOID for a job offer, it would be nice to have a lawyer look over your response.
  14. Belle

    On EAD - would like to switch jobs

    1. Sure. Assuming your new job makes you eligible for AC21 again, you should file, not your employer. 2. Yes. I would file AC21 even if moving to the original employer, too.
  15. I would say this is only a lawyer who can answer. I would definitely try to file under no quota because of your prior H1 status and a still valid I-140.
  16. Well, following to join itself may not be related, but can only be done when the visa numbers are available. You can try to bring your wife on a student or H1 visa. You should also consider filing an I-130 for her.
  17. Belle

    changing location after 485 is approved.

    Well, you were sponsored for that location. However, things may change. If they change before your approval, a new case or AC21 need to be filed. If after, there is no issue. The question is always whether your employer meant for you to work in a different location, but filed for another one because it was easier to approve. That does not seem to be the case here because you actually worked at the original location.
  18. Do you have a job offer from the employer that filed I-485? If not, you will likely have to refile the whole case. Since your situation is so complicated, you need to hire your own lawyer for this.
  19. It's the #1 primary document, can get any primarier than that.
  20. A lawyer needs to look at the job descriptions. Generally speaking "not similar" is something of a sort when you going from doing X to teaching X.
  21. Belle

    I-485 Pending more than 180, change jobs

    If your new job is similar and your I-485 has been pending for 180 days (EAD has nothing to do with it), you are eligible for AC21. If not eligible, you may file a new immigrant (I-140) case. If you go the other route, you will be working with a lawyer who should be able to take care of your wife's EAD.
  22. I would wait for the USCIS to ask for it. Lawyers are notorious for sending too much, and since your application appears to be accepted, you just need to wait to see if the USCIS really needs additional info.
  23. You son needs to be able to expend his AP to remain abroad. It's not clear if the two years your are talking about is to live in India without returning to the US, or he would be traveling here and there. Also, your son't age is of huge importance. This is why you need a lawyer to review your case for things you don't even think about than can screw up his case completely.
  24. Belle

    I-485 Denial chances

    I would say you are going to be fine. The original birth certificate essentially trumps everything. The US does not really care what's the birth place is in your passport. If you can, just don't send a copy of that page. You need some confirmation of your identity from your country (bio page would do), but no confirmation of anything else.