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Everything posted by Belle

  1. The risk is that the USCIS will ask you to respond with a job offer under a very tight deadline (i.e. falling under 180 days), and you can't use AC21. And since you no longer have the offer from the original employer, your I-485 gets denied. It happened.
  2. Belle

    Porting to EB2

    You need to explain to the lawyer that the petition was filed for future employment and show the job offer letter filed in 2007 with the I-485 filing.
  3. Belle

    Parolee to H1-B

    No amendment is needed. In your case, the status is different from the method of entry.
  4. Belle

    I-485 filed without EVL

    You can use AC21 when your I-485 has been pending for 180 days. However, you may work for a different employer before that date, assuming you get appropriate work authorization (H1 or EAD).
  5. Belle

    Parolee to H1-B

    Parolee is not a status, it's method of entry (as opposed to admission). Your status does not change when you are paroled, and thus you continue in H1B.
  6. Belle

    AOS through marriage to US citizen

    How are you planning to enter the US back?
  7. You can use your H1 later. However, do check if you have field COS along with H1 and got an H1 I-94. If you did, then you might have been working illegally. It actually happens in such L1-H1 transfers, and the USCIS catches it.
  8. Belle

    Birth Certificate Question

    Talk to a lawyer. The USCIS considers your birth certificate to be the primary document, so your birth date there is what is your birth date, regardless of what's in your passport (the USCIS might consider your passport invalid because of it). This is kind of sticky issue, and you need to fix it.
  9. Belle

    Follow to join benifit for sopuse

    Well, you should not have marked yourself as single. It's like claiming you don't have a child if you have not received a birth certificate (i.e. makes no logical sense) or like my mother who once (long time ago) told me I could file for single mother benefits in my home country because I got married in Vegas and you know those Vegas marriages... LOL! So... you can either just not bring up attention to the fact that you marked "single" on your application or you can talk to a lawyer and try to file an amendment to the approved I-485 petition - note that the later will lengthen your follow to join timeline considerably. Since it is not unusual to have a follow to join case when marriage occurs after the filing date but before the approval date, I would say, it is unlikely that the USCIS will have a problem with your application being filed as single, especially, since your marital status does not impact your eligibility (in cases when it does, the USCIS will dig this up for sure). Your best defense is probably "oh, shoot, I screwed up, and I forgot about it".
  10. Take an INFOPASS first. If no result, just apply for a replacement card with the new address.
  11. Create a case problem report with the CIS Ombudsman. Your case is pretty complicated.
  12. Belle

    Pending i-485 for Dependent

    Well, you are not going to speed it up until that date passes. It's not unusual for a dependent to get the green card later than the principal.
  13. Belle

    Immigrant Visa question

    Your situation is not very clear. Need more detail.
  14. Not a problem. The immigration law requires that the company has intent to employ you in the original capacity. Whether that intent is fulfilled and for how long is a different question.
  15. Talk to your lawyer. The status appears to be incorrect. If it is correct, the petition will most likely be denied since the job is no longer offered to you. One way to find out status of the petition is to file a FOIA request.
  16. Belle

    Postponing Interview?

    My I-485 was pending for 19 months, and the dates were current all that time. You still have time.
  17. Belle

    Postponing Interview?

    There are different categories of I-485. I am not sure how yours is done, but if it does not have an underlying I-140, then your full case is considered together (both your eligibility and I-485). It's also not clear if you filed in March or June. If you really filed in June, then there is still time. Also, if the other cases did not require an interview, they would be processed sooner. I am not sure why you think your case will need an interview, though.
  18. You can create a problem case with the CIS Ombudsman.
  19. Belle

    Formalities after GC Approval?

    I have never carried my green card with me. Have only been asked for it once when crossing the border into the US. If you are not the type of person who gets stopped a lot, I would keep it at home.
  20. The name on your passport and visa can be slightly different from the one you are using in I-485.
  21. You don't travel on EAD - you travel on AP, which can be the same card. You can travel on valid dual intent visa, like H or L, but not on other types.
  22. No real impact. The green card is specific to your metro area, which 10 miles does not change. The lawyer may have to update some petitions with the new address.
  23. Belle

    I485 Filing and Marriage

    If your PD stays current, you may get approved before your marriage. That's generally a bigger problem then PD retrogression. I would wait until marriage to file I-485s together.
  24. Belle

    Postponing Interview?

    Yes, and they never schedule interviews less than 4 weeks in advance.
  25. Belle

    AOS and EAD

    You wife can - and should - get an EAD based on her L2. She can use that card to work. If your I-140 is denied, then obviously, I-485 are denied, and I-485 EADs are invalid.