Recent content by lex2004

Thanks for the response! Let me try to understand your answer by giving a scenario: if the company goes out of business on the 100th day after 485 is filed, Husband gets a new job. He can wait till after 180 days to invoke AC 21 with the support of his new employer even though he only works...

Husband has two approved I140s. The one based on EB2 LC was already current, so I-485 was filed less than a month ago. Another was based on NIW and PD is Jan 2006. Unfortunately, the company that sponsored the LC and its I-140 is not doing well. It will not be a surprise if it closes down...

We were told that that for I485 Part 3C memberships (the form says" List your present and past membership in or affiliation with every organization, association, fund, foundation, party, club, society or similar groupin the United States or in other places since your 16th birthday. Include any...

We are preparing to submit I-485. Husband is the primary applicant and wife is the beneficiary. Both are H1bs with permanent jobs. The lawyer asked husband to sign a form i-134 (affidavit of support) for the wife. Is that necessary? Wife earns as much as the husband and doesn't really...

Thanks!

Both Husband and Wife have H1b visa. Suppose husband is the primary applicant for GC. If husband uses EAD based on I-485, and I-485 later gets denied for whatever unforeseeable reason, can he switch back to H4 on his wife's H1b or does he have to leave USA? Thanks

That is right, you cannot process NIW through PP. You can consider to re-submit NIW if your credentials changed substantially from the last time, e.g. more publications, rewards, citations, etc.

Yes, you can. I am in Florida. The receipt is considered as "proof of legal presence in the US' by the Office of Driver's License and they will issue you a license for 2 years. Of course you need to bring passport etc. in addition to the receipt.

(E) Memberships in professional associations should not be too hard to satisfy.

greencardvirus is right GreenCardVirus is definitely right. Each year, there are all together 140,000 visas available for employment based immigrants. Of those, each country cannot exceed 7 % (that is why China and India suffer from retrogression). And then out of those 7%, EB3 can only be...

Have anyone heard of this yet? All I129 will go to Vermont. Then Vermont will share those with California. All I140 will go to Nebraska. Then Nebraska will share those with Texas. How the sharing will be done is not clear. Check out the following press release from USCIS official website...

Sorry I forgot to mentioned it took us almost a year to get the case ready, so I feel that a good lawyer will be very helpful!

No, NIW doesn't need to be filed by an employer. And I was my own petitioner for this case. I filed my petition at Texas (TSC in my original post means Texas SC) I filed the case my case without a lawyer. I am working with a decent company/employer but due to some difficult family...

I will suggest no alternative filing at TSC, unless you can put forward a similar argument. Once again, ask a professional for more advice.

It makes sense that he tries to file at Texas since he can argue that he lives in Texas jurisdiction states with his wife (e.g. he might visits his wife every weekend and spend as much as 50% of the time per year there--even though I still feel it is stretched. As long as he makes a good case...