My husband's priority date 05/2017 (primary) is listed on his recently received I-485 receipt notice under classification of EB1 But my I-485 receipt (dependent) has the different priority date as 09/2015 which is automatically linked to my I-...
If your I-485 was filed as a dependent under your spouse's approved or pending EB-1 I-140, they may have picked up your earlier priority date based upon your A number as listed on the form.
Shouldn't be an issue as long as your case is properly linked to your husband's as a dependent approvable under his petition. If not may not be approved at the same time pending your priority date becoming current in your category (not clear what country of birth or preference classification is here, so don't know if your case is already current or if not, how close it would be).See question
Hi, My wife was in L2 visa status till 30th April, 2017. She already had a H1B approved petition for which her employer initiated an transfer from L2 to H1 on that petition for which we received an RFE and have submitted it. She is currently work...
I think we need a little more clarity on the situation here. You say "She already had a H1B approved petition for which her employer initiated an transfer from L2 to H1 on that petition for which we received an RFE and have submitted it."
This makes it unclear whether there is an approved, valid H-1B in place for the employer right now on which she was authorized to work from the beginning of May, (with any outstanding RFE being for another SECOND H-1B filing), _OR_ whether the RFE is for a FIRST H-1B filing to transfer from L-2 to H-1B, and there has been no prior H-1B filing.
In the first situation I mention, it would be appropriate to work for a new/second employer or in an amended job on the receipt alone. but if it's the second situation - there has not yet been ANY H-1B approval and the RFE is for the first H-1B petition - then I completely agree with my colleagues that it isn't appropriate to work upon an H-1b receipt notice alone.See question
I am on H1B. My wife is currently in H1B too and trying to switch employer in the next few months. I am planning to file H4/EAD for her at this time. After filing, if she gets a job with her H1B itself - can I withdraw the H4 petition? If I succes...
This shouldn't be an issue as long as she can still claim status based upon the current H-1B - meaning that a new-employer H-1B would be filed/received by USCIS no later than 60 days after separation from the current H-1B job (the permissible grace period under a new regulation that came out last fall).
After that, you would be counting on the pending H-4 to "bridge" status, and you can't be completely sure this would work, especially if that H-4 application is withdrawn before adjudication. I've seen different results with this approach.
Speak with an attorney for further guidanceSee question
I came to USA 2 years ago with a tourist visa, met my future husband, then left and came again because of love. We got married and filed for a green card. Now I have a temporary green card but in our two years the relationship has become very bad ...
You need ton consult a qualified immigration attorney.
there ARE ways to file to remove conditions (remove the two-year probationary period and get a full, ten-year green card) on your own, even if the marriage isn't still intact.
One involves abuse by the US citizen spouse - which I _HOPE_ isn't what you''re dealing with, and one simply involves proving that the marriage was real and entered in good faith ("bona fide"). This second method requires a final divorce for approval - though not just for filing. It also requires evidence.
So, it's a good idea to speak with an attorney now to examine what evidence to prove a bona fide marriage you have, and what timing looks like (when would a divorce be through in relation to the required timing of the two-year removal of conditions filing).See question
I want to file for adjustment of status. There's a medical requirement for physical examination. Is getting the vaccines compulsory?
Generally speaking, you are absolutely required to get any vaccines.
There are waivers available where you have already received them (so, bring any vaccination records to your medical exam), where they wouldn't be appropriate medically, or where they are against moral beliefs or religious convictions - see: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartC-Chapter3.html.
Speak with an immigration attorney for further guidance.See question
My employer applied for my L1 to H1 change for FY2018. Along with it he also applied for L2 to H4 change of status petition for my kids. I got the H4 change of status petition reciept to Home. But havent heard about H1 reciept from my attorney. Is...
While I tend to be conservative and not want to celebrate until both selected AND approved, it does in fact look like you were selected in the lottery. They really couldn't have receipted in the filing for your kids and sent the notice otherwise.
The Receipt Notice for the H-1B itself wouldn't normally come to your home, unlike the I-539 Receipt for your kids' filing. This would go to your employer and to the attorney - so check with them.See question
I have applied for my parents green card via I-130, they are both over 65 years of age. Will they still have to go to the embassy for an interview? They are currently living in Brazil.
Agree with my colleague - there is no waiver of the interview on account of age.
To make matters worse, very often in connection with I-130s for parents (particularly fathers), we see requests for DNA tests to prove biological parenthood.
Speak with an attorney for further guidance.See question
I came into the US when I was 13-14 years old. My mom lost my VISA and my I-94, but I still have my passport from Mexico. I went to the interview with the immigration officer, but she wants proof of entry. I showed my brothers, sister and mother V...
This is why it's important to get legal advice before filing anything, even if you do the filing yourself. Obtaining an I-94 to prove entry should really have been done before the marriage case was filed.
There is a form, called an I-102, that you can filer to get a duplicate I-94 - you would need to provide any evidence you can of where and when you entered (your sister's information would be helpful for this) and under what name/the fact that your name was legally changed since.
These take a while, and the office may not keep the I-485 open waiting for this to be approved - in which case you have a denial of something protecting your status at a time when the government is being aggressive in going after those without status even without any criminal convictions. This is why I would have filed the I-102 first, or at worst along with the marriage case -not after.
I strongly recommend seeking legal advice now. Good luck!See question
I am presently on my opt-extension until August, 2018 and I came to know recently from my employer that my H1b is picked in the lottery, So now as I will be on cap-gap till Sep30th,2017 as my h1b status does not come into effect until October, wil...
This should really be discussed with the attorney who filed the H-1B.
If your spouse is here with you on F-2, it would have made sense to file to change status from F-2 to H-4 along with your cap filing. As you are still on an F-1 now with your opt, it may make sense to file to change your spouse's status now and try to have the case connected to your pending H-1B.
speak with the attorney handling this.See question
Well my sister's band from the U.S. is ten years which she already met. She's been in Central America for the past thirteen years. Now she has a four year old and my mom is willing to bring them both to the States the legal way. I've searched on t...
You and your mother should really talk this through with an immigration attorney.
The I-212 and I-601 are waiver forms - depending in certain factors then may be needed but they aren't the forms used to petition for a family member - the I-130 is (but the I-130 form has recently become far more complicated).
You also need to look into who the best person to sponsor would be - assuming the three children you mention are US citizens here in the states, it may actually make more sense to wait until the oldest turns 21 and have that child petition rather than your mother (quicker). A different person, you or your mother, can still pledge financial support.
Again, these needs to be a discussion with a lawyer here.See question