Immigration.com

I-485 Rejected and B-2 Expiring

9 years ago By Chief Editor
Question details

My wife's I-485 got rejected because of priority date not current. My application was delivered early by FedEx(Sep 29). Her priority date is Sep 2014 so as per Oct 2015 guidelines I believe she has the eligibility to apply.
Can I re-apply same documents, and also do I need to apply for her Visa extension too because it will expire in 1 week from now. Will she be considered in status with her I-485 receipt number and in process of re submission?

An untimely filing based denial does not invalidate the documents, and, a pending 485 keeps her in authorized period of stay. Nevertheless, I advise people to keep their status (like H-1, H-4) current, anyway. By the way, a B-2 to AOS application is FULL of potential problems. Make sure you consult a lawyer.

Transferring Forms I-600 Filed on Behalf of Children from the Republic of Korea from National Benefits Center to USCIS Seoul Field Office

9 years ago By Chief Editor

Since Oct. 1, 2015, the USCIS National Benefits Center (NBC) no longer issues final approval of Forms I-600, Petition to Classify Orphan as an Immediate Relative, filed on behalf of children from the Republic of Korea (ROK).   Instead, NBC will transfer cases that appear to be approvable to the USCIS Field Office in Seoul (USCIS Seoul).

Can a J-2 holder get a HRR 212(e) waiver without J-1?

9 years ago By Chief Editor
Question details

My wife is working here in the US on J-1 visa as a Post Doctoral Fellow and She is subject to 2HRR requirement.I came to United States last year on J-2 visa from India and after few month I applied and got the EAD card and now I am also working for XYZ IT company here in the USA and I am subject to two HRR requirement as well. My employer wants to file H-1B visa for me but my wife does not have an offer for H-1B visa so in that case Can I (J-2 visa holder) file a waiver petition independently of the J-1 Principal?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/XAfykYM-cUQ?t=89

FAQ Transcript:

Recording of Free Community Conference Call (Every Other Thursday), 1 October 2015

9 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

Substantial transcription for video

We discussed these (and other) issues of US immigration:
FAQ: Can a J-2 holder get a HRR 212(e) waiver without J-1?
Other: Retaining green card while in Canada; Starting my company, violation of status; I-140 revocation; Unused H-1B for quota exemption; H1B to H4 COS without latest Paystubs; EAD renewal separated from spouse; H-4 EAD approved in error; Effect of salary reduction; H-1 transfer, OPT travel; Visa Waiver apply for AOS; Retaining priority date; Visa stamping for H-1B amendment; Arrest without conviction; Reentry permit, etc.

I-140, I-485 Workload Transfers and a Change in the Direct Filing Address for Certain Form I-140 Petitions Submitted Together with Form I-907, Request for Premium Processing

9 years ago By Chief Editor

To improve efficiency, USCIS recently rebalanced the workload distribution of certain Form I-140 petitions and employment-based Form I-485 applications between the Texas Service Center and the Nebraska Service Center.  Unless you are submitting a Form I-907 together with a Form I-140 petition for a worksite in one of the states listed below, please continue to file your forms as indicated on the form instructions and at:

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