Guestbook Entry for Patel, China
Name
Patel
Country
China
State
Hong Kong
Search
Does filing for any green card permit me to stay in USA?
Question details
I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?
So, the questions is does filing for any green card permit me to stay in USA?
The answer is no.
Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.
That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.
Do advanced degrees help in marriage-based green card?
Question details
I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:
1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.
2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?
3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?
4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?
1. Advanced degrees do not help in a family-based green card.
Interview at Atlanta
State
GA
Just wanted to update everyone and say we had our interview this morning, scheduled for 8 AM in Atlanta. We got there at 7.55, checked in at 7.59 and were called at 8.02. Interview was all done in 10 minutes and we were out of the building at 8.15.
Mr. Rajiv Khanna, Mr. Kunal Sharma and the rest of the team have been very patient and extremely supportive.
I had filed for my immigrant visa through my spouse, and it was quite complicated. Couple of the other lawyers we spoke to said that there are no chances in winning this case, but Mr Khanna was firm, that the fundamentals are right and thus we have a good chance. Finally, after 2 long years, my immigrant visa has been approved.
What impressed me the most is the Mr. Khanna would immediately schedule an appointment (no charge, of course) every time there was some news from the immigration office or from my side. Even during the final stages, I had asked him a few questions regarding my DS-260 as i was very nervous, he scheduled an appointment immediately and told me exactly what to answer in each question. They made me feel as if I was their only customer. Excellent effort and care for each case by the team, and I would surely refer his firm to everyone.