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K-1 Visa AOS

15 years ago By Chief Editor

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My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

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Pending I-485 and marraige

15 years ago By Chief Editor

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Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

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AOS and EAD

15 years ago By Chief Editor

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I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

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Quickest way to get a GC

14 years ago By Chief Editor

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I was a resident physician on the H1B visa.. Prior to completing residency, I got the EAD(my husband , a pharmacist had applied for a Green card through his company). That was in 2006 and we have since made no progress as the EB3 numbers are not current. I did not renew my H1B after the initial 3 years because I could work with the EAD. Would I get a GC faster if I start my own application or should we keep waiting? Can both of us have seperate applications without one affecting the other? Are we better off just waiting?

Generally speaking, where there is a choice, we always file multiple green card applications for spouses.

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Status, authorized period of stay and unlawful presence

15 years ago By Chief Editor

Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.

Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.

Status

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I-485 interview-- does arrest create a problem

15 years ago By Chief Editor

Quote: I just got a letter from USCIS that I need to appear for a I-485 interview. I had applied my green card under the EB-XX. To update you i had an arrest record in 2005 for a domestic violence battery case, which was later dismissed in court. Also you might be aware my wife is currently in india, and we are under separation. She will join me on (XXX date) if she agrees for marriage counseling. Under these circumstances I had some questions which I wanted answers for: Please let me know your response.

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H-1 Extension based upon spouse's 140; Child born in USA

15 years ago By Chief Editor

Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?

Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.

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Guestbook Entry for RAM NARAYANAN, United States

15 years ago By Anonymous (not verified)

Name

RAM NARAYANAN

Country

United States

State

Comment

I AM A US CITIZEN AND I APPLIED FOR FAMILY BASED GREEN CARD FOR MY WIFE. THE WHOLE PROCESS STARTED IN FIRST WEEK OF JANUARY 2009. INITIALLY WE HAD APPLIED ON OUR OWN AND DID NOT CONSULT ANY ATTORNEY. THEN WE GOT AN RFE ON MY WIFE'S BIRTH CERTIFICATE, AND WE WERE HELPLESS AND DID NOT KNOW HOW TO PROCEED. THAT IS WHEN WE APPROACHED, RAJIV KHANNA. HIS ATTORNEY'S MATHEW CHACKO AND BHARATHI GUIDED US FOR SUBMITTING THE RFE DOCUMENTS AND GUIDED US IN EACH AND EVERY STEP AFTER THAT. THEIR GUIDANCE WAS OF GREAT HELP TO US. AND FINALLY MY WIFE GOT HER GC ON 24TH APRIL 2009.

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

15 years ago By Chief Editor

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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.

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