marrage based greencard for H1B holder

Hi Sachin

One of my friend has question for you. Here is the situation:

Hi there,

I have a question. My H1 is expiring in July 2004 and I have an EAD also which is valid for one year(expiring in May 2005). My lawer says that I should renew my H1B. It will cost me around $1400 and I am not sure if I should renew it or not.

Could you please suggest me if I should renew it or not? I am thinking that renewal of EAD will not cost me more then 200$ then why should I renew my H1? If in case I loose my job, can I apply for a job at another place on the basis of EAD(though I am waiting for 140).

Any help would be highly appreciated.

Thanks in advance for your kind suggestions.

Regards,

Sonviraj.
 
Re: Hi Sachin

I need to do some research on this question. AFAIK you can switch employers while your I140 is pending and there are certain restrictions on that (I think its called the AC-21).

This question can be better answered in the I485 (employer based petition forum).

Hope this helps.
 
Interview documents

Hi SonViraj / Sachin,

Do you have a list of documents that are needed for the interview. I have a interview scheduled next week and I just want to make sure I have all the documents.

Do we need the birth certificate if yes will the photocopy work or I need the original.

Thanks
 
newlondonct02 said:
Hi SonViraj / Sachin,

Do you have a list of documents that are needed for the interview. I have a interview scheduled next week and I just want to make sure I have all the documents.

Do we need the birth certificate if yes will the photocopy work or I need the original.

Thanks
Click to expand...

You should take all that is asked for and that should be outlined in the INS appointment notice letter. INS needs both Original and Copies of all documents.

Good Luck
 
Thanks Sachin.

Birth certificate was not listed in the INS documents list but in the previous threads (posted by Sonviraj I guess) I read about the birth certificate so I just wanted to make sure.
 
newlondonct02 said:
Thanks Sachin.

Birth certificate was not listed in the INS documents list but in the previous threads (posted by Sonviraj I guess) I read about the birth certificate so I just wanted to make sure.
Click to expand...

If they didnt ask for the birth certificate its most likely that they have it on file. Hope the interview went well.
 
Hi Sachin,

The interview went very well. She didn't ask lot of questions just when did we meet and where was the wedding. We showed her all the documents and the wedding album. I think she was happy with those....
I had my finger printing appointment after the interview so she said we will need to wait for the finger print check and all.....(Which I think they should have done before the interview but...)
Also on my medical exam report I had a PPD positive and the doctor wrote a remark that I am medically cleared but will follow the 9 month therapy for this. As I didn't start that therapy, she asked me to complete that first.
My questions is, do you know if it is mandatory to complete the therapy in order to get the Green Card. I spoke with the doctor and she said it's just a preventive measure and INS can't force anyone to take the medicines for this. It's optional and depends on the patient.

Please advise.

Thanks.
 
You can take a letter from your doctor saying the PPD test is not a big deal and see what Immigration has to say.. I haven't come across this situation or havent heard of anyone going through that either so its kinda hard to comment on it. If INS still has an issue I would say consult an Attorney.
 
Passport stamping

Today, I got the stamping on my passport.

Sachin and SonViraj,
Thanks for all your help!
 
Last edited by a moderator:
Congratulations .. Good to hear that..

Do visit the forum and help others who may have questions about the immigration process.
 
unique situation -- help please

Hi,

I have a unique situation of a close relative...his questions : any (all) help will be greatly appreciated. thanks..

>>>

I have been on H1 for past 5 years...(6'th year ending in oct 04)...which is the max for h1...i have got married here and my wife is a US citizen..we have a baby boy who is 3 years old now...I applied for my adjustment of status and also had an interview..I also applied for EAD few months ago..I had an appointment last week and I thought i would get my EAD to my utter disdain..i was informed that my EAD was rejected and no reason was given..they just say that they have mailed me the info..which i have not recieved to date..its more than 2 weeks now...i have been trying to get some info but no luck..anyway...what would be my options for staying on ?...can i get a letter from my employer stating that if I do not have an EAD they would have to terminate me ? will that help ?? -- i read this as one of the requirement for employment based GC..not sure if it applies to me though...am utterly confused ...Also...since oct is just a month away...and i have not recieved the notice to enable my lawyer to reply to it...what can i do ??

>>>

Guys, looks like he is in a mess...experts help please!!

Thanks,
Mohan
 
what is the process?

can someone send me the entire process of how to apply for marriage based green card. i m on H-1B and my wife has a green card. what are the things to look out for? what forms to submit? what fees to pay? etc.

any help would be appreciated
hardik
 
You can make a search over this forum, but the entire process is well explain at www.uscis.gov.

In general to make a few points:
1. Your wife can apply ONLY for I-130 that is Petition for an Alien Relative. This petition is just to establish the relationship between both of you, but doesn't give you any status. To stay here legally you must mantain your own status- like H1B- until your priority date becomes current. For dates, check the Visa Bulletin at the Department of State website. You must wait for a visa number to become available. The only who doesn't wait for a visa number are the immediate relatives of US citizens (spouse, parents and unmarried children under 21).

2. When your priority date becomes current and you get a visa number then if you are inside the US you can apply for adjustment of status, if you are outside the US you can go through Consular Processing.

3. The waiting in average is around 4-5 years.

4. If she applies for US citizenship when she is able then you become an immediate relative and you don't have to wait so many years.

Good luck,
 
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