Search results

Inherent risk of being questionsed is present whether worked for I-140 petitioning employer upon I-485 approval or immigrant visa issued, if N-400 filed now or at any later date.

OK so his/her employment visa was approved at an US consulate, visa officer might have done due diligence & vetted employer, employer assured job is available for him/her to accept & approved visa when deemed fit. It is unfortunate job was not available when he landed in United States. Who knows...

The new I-140 withdrawal acknowledgement notices employers are receiving from USCIS clearly states it would have no impact on I-140 if withdrawal notice is received from employer after 180 days, unless there was fraud or misrepresentation for which USCIS could revoke at any moment. Now when...

@SusieQQQ I believe he should go ahead & file case & stick to facts. The officer could still ask him whether he worked for I-140 petitioning employer & he could take defense of AC21 & could have worked for other employer(s) AC21 is more lenient & helpful towards employees. For this job to be...

@smileyou1234 Green cards filed on employment basis are intended employment and of course circumstances changes after I-485 approves. You are allowed to switch employer or be self employed after 180 days of filing I-485 under AC21 portability provisions. May be you can take this defense...

Immediate preceding 5 years prior to filing N-400 are more important.

Even if he takes position of pending appeal & file N-400. Should he chooses to go in this route, N-400 will not be adjudicated favorably until appeal process is success.

Form N-400 part 1 B clearly asks whether you have been LPR for past 3 years, married to US citizen for those past 3 years & spouse has been US citizen for those past 3 years. 2 years 9 months is early filing requirement for you BUT you still need to fulfill requirement of spouse being US...

There should be a H-1B bona fide job available for your friend, then employer could petition for consular processing.

Its only the employer who could know. Technically I-140 belongs to employer so USCIS might have notified employer about some issue due to which priority date is withdrawn.

Misrepresentation from either employee or employer. Priority date belongs to beneficiary i.e. you.

USCIS ports priority date automatically when subsequent I-140's are filed. If your employer or attorney brings to USCIS they will issue corrected oldest priority date. Only in circumstances where fraud or misrepresentation is present USCIS does not ports priority date.

You can apply ONLY in EB3 I-140

F2A is current you can have your wife concurrently file I-130 & I-485 for you.

@newbie1234 I believe you filed derivative employment based I-485 & missed out mentioning details on 3.a on page 3 & 9.a on page 4 of I-485. If that is the case your only luck is to wait until future months visa bulletin make your priority date to re-file I-485. I don't know if nunc pro tunc...

Your period of stay outside US is 271 days (March 23rd to Dec 19th). Continuous residence is not interrupted if period of stay outside US is 180 days or less.

I believe you should be OK to stay outside of US until re-entry permit expiration even if it ends up more than 2 years provided you should be done with biometric & depart US I am quoting Vietnam US embassy "If you have been issued a Re-Entry Permit, which applicants must apply for while in the...

If you move to new employer after 180 days of I-485 pending you are covered under AC21 portability provision meaning you don't need to do PERM & I-140 again. You can file I-485 supplement J whenever you are called for employment based interview

Big question if you are not retrogressed country like India or China your I-485 interview will be scheduled very soon and probably should be adjudicated soon. In that case it would be redundant to apply H-1B. Keep in mind you can file for H1B while pending I-485. In case you choose to spend more...

Supposedly 1st Feb 2021