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| Hello, I'm kansas1
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My nationality is United States
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I last logged in 2 hours 34 minutes ago
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I have been a member since 12 Jun 2008
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| I have added
653 posts in trackitt forums
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I added my last post on 08 Jan 2009
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Topic: If I-130 Is Withdrawn?
even if this case continues, it is still a dead end. The US citizen (wife) needs to go to the interview too, and when she does not appear or she goes there and says that you are separated, the result is still the same -- DENIED. |
Topic: Does state agency qualify under H1B Cap Exempt Sponsor?
Not according to I-129W. Try to check yes in a box and see whether USCIS will let you slip. |
Topic: Question on H1-B Transfer
Your old employer has violated H1B agreement. As for you, maybe fine, maybe not, up to USCIS. The worst case is that USCIS will ask you to get a visa stamp and re-enter if they determined that you were not in valid H1 status for the past two months. |
Topic: a question about mistakes on LCA
anabella
Are you sure USCIS was talking about the LCA from your previous employer? If yes, it's quite easy. These are two different jobs, different companies, maybe even different geographic area. As long as your degree can be related to both jobs, you are qualified for both jobs. |
Topic: Di I need new AP. After changing th exployers
1. unexpired AP is good as long as I-485 is pending.
2. up to you
3. many
"Who sponsors your GC" and "are you working for the sponsor" are both legit questions CBP can ask a person seeking parole into US with AP. |
Topic: What's the point of staying 180 days after GC, if AC-21 exists?
Because AC21 portability (sec 106c) is all about lengthy adjustment of status process (aka I-485 pending). USCIS refuses to over interpret AC21 106c beyond I-485 approval. In 2003 and 2005, USCIS did relax the I-140 confusion which only became a problem after concurrent I-140/I-485 filing was allowed since 2002. 2 years after the original AC21 act was passed by congress. Yates memo of 2005 also was quite lenient when he interpreted 104c and 106a, and when people asked USCIS repeatly about protability as described in 106c after GC approval, USCIS just reiterate portablity works during AOS. That is why people who really know about this history won't tell you that you can change to a same/similar job right after GC approval. |
Topic: i-485 through approved 1-360 special Religious worker
You return with R1 visa and then file I-485, of course you could only use R1 to reenter before filing I-485. I-360 pending or approval does not affect your non-immigrant status or give you any legal status. Only I-485 can give you immigration benefit such as AP during pending the adjustment. Once I-485 filed, you should only use AP to travel, and if AP is used, do get c9 EAD to work. As your wife's situation, it's more complicated. She never saught a non-immigratn status after F1 ended. And there is no waiver to her (and your) category because she has no USC or LPR husband that will be in hardship. And for her category (EB4 derivative), the 3-year or 10 year bar can be enforced by consular to refuse her immigrant visa too. |
Topic: How long will it take for Spouse Green Card after Primary is approved?
Most common: approved on same day or a few days apart.
not uncommon: a couple of months apart
extreme cases: more than 2 years apart. Principal approved in 2006 but spouse is still pending in 2009 due to name check delay then visa number retrogress. |
Topic: Use of the 3 year H1B Extension if 485 is denied for AC21
Your H1B transfer with new employer, once approved without error, can remain valid until its expiration. You can start from PERM and extend H1 again using your new PERM/new I-140 after 2011. |
Topic: i-485 through approved 1-360 special Religious worker
zapastor
R1, F1, TN, E1/2/3, O1, P1... though not due-intent visa status, but they (and their acompanying work authorization) will not just become invalid solely because the status holders file I-485. O1/P1/R1/TN1... I-129 based petition can still get approved when I-130/I-140/I-360 is pending, but maybe not after I-485 is pending. It is true that You won't be able to extend or change to these status after filing I-485, also your must use AP to travel and cannot use visa stamp of such type to re-enter US.
Myratori,
Only H/L/K/V visa status holders can return without AP with the respective visa stamp after filing I-485. The is the current position of USCIS. So P1, O1, R1 people are no longer supposed to use visa to reenter US to resume AOS under current interpretation. They once were. Now only H/L/K/V can. |
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