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raleigh's Immigration Cases

your are right. you cannot extend your h1b based on his 140. If his 140 is approved, and you apply your 485 as his dependent, then you need to get EAD and use the EAD to work. If you want your H1b extended, then you need your own 140 approved.

If I were you, I would apply two 140s and then, two 485 based on whatever 140 is approved first. You can still extend your h1b based on your approved 140 while you are waiting for the 485.

well, i think the 485 costs about $1000 each. NIW has quite a chance of denial, and as you are from France and NIW is EB2, you and your husband (I assume he is also French) would be current. I would send first the 140s, then when one of them is approved, apply both 485s so you don't have to gamble.

Or if you NEED to send the 485s now, send them with the stronger application. Texas approves sometimes together, but if separately, that would mean couple months of delay. At the end, it is your choice

hey gcaspirant1007,

there was similar case about 2 years ago, when the 140 file was sent to storage

http://www.trackitt.com/usa-discussion-forums/i...

the nick of the author is teodora0924.

Please advise your friend that the J1 waiver can take significant time (about a year - year and a half) last time I checked.

Why don't you check several 140 applications that are close to your application number (say 10 up and 10 down) and see if all got Soft LUD at the same time? Last year (2008) my husbands approved 140 got a soft LUD on July 25, and so did all 140 applications around ours. By the way, at that time our 485 was already approved (that LUD scared the heck out of me). Several people on trackitt reported LUDs about the same time. Looks like they are rearranging the 140s around the end of July.

Give it several days. My husband (primary) and daughter received their approval notices on Saturday, mine got separated when processing the mail and arrived on TUESDAY!! Needless to say, I was not thrilled to wait for it.

Same thing happened with my daughters fingerprinting notice - hers arrived a week after mine and my husbands, but it was mailed the next day. And my daughters card arrived a day after ours.

If you don't get it after 10 days or so, give them a call.

Congratulations and enjoy

It is possible that his priority day is wrong in the post and he entered the data his labor was approved instead of the day it was submitted. A lot of people don't know exactly what priority day is - just look at the number of posts asking that question. In general, don't take the information entered here as true.

hei camacho,
i vaguely remember reading post long time ago for a case with cross chargeability when both were approved as primary, and the explanation was that yes, you got the 140, but the green card was charged to the country of the spouse, so both became primary. Search the posts and maybe you will find it. Try some other discussion boards too. And don't worry that much.

I don't think you were out of status. I am almost sure that I20 was issued only when you were to leave USA (especially in pre-Sevus time). If you were not leaving, the school did not bother with new I20. I have some years when I was not travelling back and had no I20 to submit. Also, there was something about that illegal stay is counted from the time of your last legal admission. Did you go home after you started grad school?

you do realize that phd requires at least 3 years (assuming that you work like hell and have a really motivated advisor)? It is actually really unfair and unprofessional to the faculty that will take you if you start, spend there a year and a half and you leave without graduating...

you cannot do a phd part time, at least not for the first years. my school had an explicit requirement that you need to spend at least one year full time on campus. I think the best for you is to pick a school, get accepted and then negotiate with their international office. Or even better, talk with the international office now if you have school in mind. Just - show up there and meet people face to face. Phone will not do it. My experience is that people there have seen it all and know all the ways. Good luck!!!

Hi megastep,

did you talk with your lawyer about this? I am asking, b/c when we did the PERM our lawyers refused to use the experience with the current employer (about 2 years). So we needed to go after already closed companies and dig people from 10 years ago. Plus, go for degree evaluation and all that hassle. Took us 10 months to prepare the PERM. It is all over now, but I am still curious. Thanks

Coming back to what would work for my friend -He is very altruisitc and believes in god's ways and service.So he might qualify for religious worker category maybe.... He also seems to have a good healing touch and claims he can cure a lot of ailing people which might make him eligible for categories for individuals with exceptional capability. Not sure if that is Eb1 or a separate one. would that work at least for him? I should also say that my friend is very determined to respect the laws of the land.......

I am getting confused at what is your question - how your friend will qualify for GC, how to bring the whole family here or both?

For the first question - I don't know unless you tell us what are his qualifications, for bringing the wives - can't your friend get in touch with people from his own country that successfully immigrated here, or in Canada, Europe and Australia? They surely faced the same issues and would be in a better position to give advice or point to an experienced lawyer.

My opinion is that if your company is a large, public one, with thousands of employees, you don't really need to submit your tax returns with the initial application. On the other hand, if the company is small and there could be potential A2P issues, if you submit the tax returns with the application showing that you were paid what you should from day one, than there would be less questions. Also, from reading trackitt a lot, my impression is that easy and clean applications are processed earlier. So, the easier you make the decision for the IO, the better for you. They have a daily norm to process and you don't really want your file to take 2 hours instead of 30 min ...

We moved from MA to CA and the DMV asked us to mail the MA plates back to MA when they gave us the CA ones. I don't really remember where did I mail them exactly though.

Call USCIS and ask them to cancel your card production. Tell them you dont want a card without being asked for bio metrics or wihtout being called for interview.

He is joking, don't listen to him ....

I 551 is the name of the stamp in the passport. You need that stamp only if you are traveling out of USA in the next 2 weeks (you will get the card in about 2 weeks). So, if you are staying in till Christmas, you don't need I551 (the stamp). They won't stamp your passport anyway. You appear on interview BEFORE approval, thus, given than you are approved you don't need interview and last, you can't get CPO email if your biometrics are not up to date, as there is a biometrics on the card and they can't order it otherwise. So you are DONE. No more applying.

Also, it will take you about 6 months to fully realize what happened.

You will get (sometimes not) 2 more emails - approval notice sent / notice welcoming the new permanent resident sent / or another CPO email when they send the card. Then you will get the approval notice in one envelope and the card with some other junk mail in another. The envelopes are ordinary ones, and they are sent regular mail. Watch out not to throw them away with junk mail. Your attorney will also get approval notices.

Then you are done. Also, even if you and your wife are approved together, that does not mean that you will receive all the mail together. My approval email came first and the actual letter 2 days later than my husbands - see the note on my profile for actual timing. Then make a copy of the cards, inspect for errors and go drink ....

C'mon, you do what you are asked to do. I spent last week formatting my bosses' grant in latex (and I mean formatting, not writing it!!), typing formulas and making the formatting work according to the requirements. I typed in and formatted his references. At the end, he complimented me for the beautiful job I did!!! I am hired to be a research employee, and I have Ph.D....

Our lawyer never asked about any tax returns, pay checks or W2's. I guess they are not required.

Member Profile: raleigh (301 posts)