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Remedy for Denial of I-485 AOS
Today I have got denial on my I-485. Reason stated was "According to Visa Bulletin in effect on the date this application was filed , a visa was not available based on your established priority date and specific preference category" My category is EB2. Date of filing for this category is 1st July 2009. My priority date is 10th December 2008. I filed 485 application on 1/19/2016 and got receipt notice on 1/29/2016
I did my finger printing on 03/16/2016 based on USCIS schedule I and my family members also got EAD on 03/23/2016 I was surprised to see today’s denial reason. I filed 485 application based on Dates for Filing .e. 1st July 2009 for EB2 category. Not sure why they denied my case since Final action date is not current but I am sure I am eligible to file my application based on date of filing. Is there any way to appeal on this decision ? If appeal gets denied again is there any impact on my current H1B status ?
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.
Spouse of an O-1 - next step to Green Card
I am the spouse of an O-1 visa holder and we live in the US (so I am on an O-3). His company is putting together the application for his green card, but do they need to do a separate one for me too? Or do I get one automatically if he gets one? Or do I have to wait until he gets one and then he applies for one for me? And what about our children - too young to work yet, but want to make sure they are ok too.
The way it works is that the company can file everyone's AOS (Form I-485) together OR they can first get your husband's I-140 approval and leave you to file the last step (AOS) for the family.
Effect of Divorce on an Employment-Based Case and Cross-Chargeability
I got married in May last year and my wife was born in Malaysia . I was on H-1B with I-140 approved then and learnt about cross chargeability and filed for green card in June, we both got our green card in October. Things are not going well with marriage and my wife moved to NY and she is thinking of getting divorce. If divorce does happen does this affect mine or her green card?
Video Transcript: As long as the marriage was in good faith and you just did'nt do it to get cross chargeability benefit then there is no problem in a divorce and that will not have an effect on her green card or yours. Both principal and beneficiary can opt out of processing the green card for their spouse if there is a split-up.
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.