Immigration.com

Following to join

15 years ago By Chief Editor
Question details

This is regarding my sister who is going through lot of stress due to visa issues.

She has been on H4 for past 9 years. Her H1 was approved in 2007 with an employer who wanted to hire when she was doing her MBA from a reputed University here in US. They were even willing to hire her once she is done.

3 months back her husband lost his job and had to go on EAD since (My sister could not do it because she was traveling out of US in 2007 when the window opened).

She has decided to go on H1 status. She has to get it stamped outside US as she had lost her H4 status. It has been now more than a month and she is stuck out of US (in UAE). Her employer is a small firm and due to THE bad economy she is very nervous about the future even if she gets H1 B.

Here are our questions/ concerns. Please do answer these:

1. If she gets H1 B could her husband still file for Follow to Join. There is no guarantee in this environment it would give her peace of mind if he could.

2. God forbid - If she doesnot get H1B and her husband files for Follow to Join - would she have to stay out side US to do consulate processing?? How much time it takes?

3. Any advise/ suggestions are welcome.

I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.

TSC Update – 06/03/09

15 years ago By Chief Editor

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled  

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3  will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it  will forward he appeal  to the AAO.

Employment-based out of status protection for AOS - Section 245(K)

15 years ago By Chief Editor
Question details

My previous employer didn't pay me for 7 continuous months in 2006, Current employer is going to file I-140 and I-485 based on my EB2 PERM. I have all W2 and Pay stubs except that period. will that going to affect my GC application ? Please let me know what are the possible consequences of that. I didn't know about that 180 days rule.

Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.

H-1 Quota Count as of May 22, 2009

15 years ago By Chief Editor

USCIS states that as of May 22, 2009 it has received approximately 45,700 H-1B cap-subject cases. So, the cap is still not reached. Also, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.

NSC Updates – 05/26/09

15 years ago By Chief Editor

I-140 backlog  

USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.

I-485 

USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.    

Filing an appeal 

Can H-1 be extended based upon family-based green card?

15 years ago By Chief Editor
Question details

I am on H1B. If applied for GC through Family Based 4 category (brother/sister) can I apply for extension of my stay after my 6 yrs H1 period once the I-130 approved? Or this extension request is applicable only on Employment Based processing after Labor clearance?

You cannot. This extension is available only to employment-based applicants.

I-485: pre-adjudication and employment verification letter

15 years ago By Chief Editor
Question details

1. I see few cases where CIS has sent an RFE to ask for Employment Verification Letter (EVL). When does this typically happen?

2. For cases where in the EVL was already sent along with the I-485 application, what are the reasons usually for CIS asking EVL again?

3. I had taken an Infopass few months ago, and they had said my I-485 application is pre-adjudicated. What does this mean?

1. EVL can be asked for at any stage of AOS/I-485 process. It is REQUIRED when you submit the 485, but thereafter it is discretionary.

2. The main reasons are that USCIS has to make sure you still have a job and the job is "same or similar" to what was described in the labor cert (or I-140 for EB1).

3. This means your application has been reviewed and adjudicated to be approvable. So, USCIS is just waiting for the visa numbers to be current.

 

 

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