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Belle

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Posts posted by Belle


  1. It really depends on the reason why your immigrant visa is denied (i.e. is it because of your job or is it because of your background - the second is generally less desirable). However, it is quite possible that your green card is denied and you get your H1 stamped and enter the country.


  2. Yes, you are out of status. You need to leave the US and go for stamping. It is possible for you to wait for your transfer to the new employer while outside the to be approved and then go with those documents. Alternatively, you can pretend that you still intend to work for the old employer (which you should because it is not clear what's going on with the new one), and get your visa stamped, but then you can enter with approval from the new company, and get their name on I-94.

     

    What matters is what company is on your I-94, not what company is on your visa.


  3. "I have my EAD in EB2 and it is pending for more than 180 days."

     

    Your EAD petition has been pending for 180 days? That's odd.

     

    Regarding the job - it needs to be similar. It does not have to be the same. "Similar" is interpreted quite liberally by the USCIS. I would not recommend that you go from working in IT to teaching IT, because those are different functions, jobwise. Other than that, it all sounds Greek to the USCIS.


  4. I don't think we should expect Zee - or any immigrant for that matter - to be expert in US taxes with their first day on US soil. However, it does escape me how he could have filed 1040 without SS taxes taken from this paycheck. That should not have gone unnoticed.

     

    Now, thinking more of it - the company is a bit in trouble, too. They were supposed to have their half of his taxes, which they did not.


  5. Hmm... good question. I would say, no, you don't need it. Since your PD is current you are eligible for a concurrent filing, which is a fancy way of saying you can file I-485 after I-140 is filed but before the I-140 is approved. So, essentially, I-140 approval is not required for your I-485 to be accepted. The USCIS will of course check if your I-140 is in good standing, and seeing that it is approved, it will just appear as approved in your I-485 filing.


  6. Here is the problem - you are making decisions for her, not just translating... and sometimes decisions go bad. Just like the whole FNU in the I-94. That was a bad decision.

     

    You try to "match" but you don't understand where you need to match and where not. Thus, you are taking an insignificant issue and have it spin out of control. You should stop and step aside.

     

    You were not qualified to fill out her visa application. You were not qualified to fill out her I-94. These were easy documents. Based on this experience, you definitely don't qualify to fill out her I-485. Find an immigration lawyer who speaks her language. 


  7. If you are a natural born citizen, I suggest Google. Then, more Google. Then, when you feel like you understand the difference between an immigrant petition and a petition to adjust status, read the INA. You are facing the beast you have never faced, and it will first take your kidney, then your heart, then your firstborn; so get ready to be very cozy with it for the next few years.

     

    Generally speaking, she will need to have her financial assistance finalized before she can apply for a student visa. Her assistance should be listed on I-20 (alternatively, on J1 forms, but you need to read A LOT about J1 before you even go there lest your gf will have to go back to India for 2 years after her studies are done - no way around it). Your gf will likely not be allowed to change her visitor status to F1 while in the country.

     

    Getting a work visa is like going through fire and ice and Dante's inferno, a couple of times over.

     

    Or you can just get married. Oh, don't worry, the beast won't go away that easily. It will still take your kidney, but will not touch your heart and your firstborn.

     

    Welcome to the immigration system!


  8. First of all, taxes don't impact I-485. Even back taxes.

     

    Second, here where I think the problem might lie - did you file 1040 as a non-resident? Because I think if you file as a resident - as you should have done on H1, it requires you to pay SS taxes.

     

    It may be your company's responsibility to update their system, but it is your responsibility to file your tax return and pay taxes as you should, not as your company has it in the system. The main issue you face is whether you have [intentionally or not] misrepresented your status to the IRS. On the positive side - no, it won't impact your AOS case (you should clear what you owe to the IRS before you can get citizenship, though).


  9. Disqualifying your income as expected source of support for a child be having him exit the US and enter on a different status is not going to work.

    I don't think this is what the issue here. It's not about family income, it's about child status.


  10. P.S. Parolee is not a visa. Parolee is the method of entry. You can either be admitted into the country (admitted into a valid status) or paroled without a visa based on a pending AOS (and some other statuses or non-statuses). Parolee is extra murky, though, but since he would clearly qualify under the rule - just do it.

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