Guestbook Entry for Samik Banerjee, United States
Name
Samik Banerjee
Country
United States
State
NJ
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US embassy denial
Question details
I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?
It is unlikely, but possible.
Cross chargeability
Question details
On H1B, born in India, EB2 I-140 approved but cannot apply for I-485 since PD is Nov 2008. Is cross-chargeability applicable in this case, if I marry GF who was born in country other than India/China?
Is it OK if the GF is not here right now or on other visa category than H1B? Will marrying enable both of us to file for I-485 immediately?
Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.
Downgrading from EB-2 to EB-3
Question details
My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.
Watch the Video on this FAQ: Downgrading from EB-2 to EB-3
Video Transcript
I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.