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Was your marriage was before the I485 approval date? Then it is relatively easier to get her the GC. Just making sure you are not missing this. When you abandon your GC and file a new one, would your employer sponsor you for OR? Self sponsored EA ia tougher to get than OR, but that depends...

A cover letter summarizing strong ties to home country and including the list of documents could be important.

In general H1B should not be denied due to immigrant intent; hence having a fiance in the US should not be a reason for denial. The person must howeer qualify for the job that requires at least a US BS degree and the employer must be genuine. To get F1, she must show strong ties to home...

What is the reason you wish to come to the US now? Sheela Murthy has an office in Chennai, but I have no personal experience with either their US or Chennai office.

Having been out of the US for two years without re-enry permit indicates that you might have abandoned your green card. The passport must have accompanied you to India and is probably in India unless your husband also came to India at some point and took it with him back to US. May need to file...

Explore if TN visa is applicable. Usually after applying I-130, it is hard to get any visa except H1B and L1 and their dependents, as you would have immigrant intent.

Wik, That is indeed a very useful link. One does wonder if they keep up to date. Moderators should add this to FAQs or make the link sticky.

Include Bermuda, which is not exactly a caribbean country. But France, Germany etc would require a visa if you hold an Indian passport. Alos, this question has been raised before and a search would yield some more results like people mentioning Thailand.

In many cases, they give the visa without the NOC. Si if I were you, I would take chances.

This is an example where knowing the law can make a huge difference in one's life; and not knowing it can be devastating. A mother who is an LPR can easily bring the baby into the US within two years as mentioned by the other posters.

undefined One thing that will be asked is what possible tourism (or other genuine) related reason can be for her extension.

It looks like you did not submit your expired I-94 when exiting the US. That might make it even worse since there is no record of when you actually left. It is possible that they would put you back on a return flight. It would not be a good idea to rely on the experiences of friends, as each...

See http://www.murthy.com/chatlogs/ch050806_P.html (scroll to first question)

If her departure date is after the date the USCIS makes a denial decision, then she would be subject to 222(g). Even if she leaves the US earlier, proving that the extension application is nonfrivolous might not be easy. She might need to have strong proof of this filing the next time she enters...

See page 3 of http://foia.state.gov/masterdocs/09FAM/0940068N.PDF which states the following (and is dated recently): 9 FAM 40.68 N2.2-3 Aliens with Pending Change of Status or Extension of Status Applications (CT:VISA-803; 04-27-2006) An alien is not ineligible under INA 222(g) even...

If you leave after the I-94 expired and you did not apply for an extension, then the visa stamp is voided. If you leave after the I-94 is expired, but you had an extension that is pending (and was applied prior to I-94 expiration), then the visa stamp is still valid. The extension application...

Sywang71: When you left the US the last time, how did the airline agent at check in know that you have a green card? Did you volunteer this information.

Trying to contact a consulate would complicate things unnecessarily. The airlines will let her board the flight based on unexpired AP, and at the port of entry, she would be let in after secondary inspection. If her case status indicates that a card is being ordered (if she had done FP code 3)...

There is no magic time period. Since NIW is usually not employer sponsored, one can change employers very soon after the GC approval, but one should work in the same or similar field for a reasonable period of time - perhaps a year or more. Usually he/she can argue that the new field is similar...

For my spouse, visa numbers became available on April 1, and the case was approved on April 13. EB1/India/RD 11/2004. Spouse's name check was pending earlier in addition to the retro issue.