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Appreciate, your help in this process. How did you timly point out the facts to the consular officer why the applicant will go back. How did you manage the events, being in US? Could you little bit explain what did you do and what kind of document you gave to the applicant? Have you given the...

Thanks for the posting. However, it does not answer my question. How we should approch this time differently, to maximize the chance of getting visa? My mom is reluctant to go to Chennai from my home town in hot summer months and to stand in que for several hours and getting denied. Because...

I understand that point. Even if consular officer gives my mom GC on spot and ask her to stay permanently in US, she wont stay in US not more than 6 months (becuse of cold whether and lack of social life etc..). Now my big question is how we should approch this time differently, to maximize the...

My mom’s visitor visa got denied 2 years back in Chennai consulate (on 214 ground). My mom is 70 year old and single. She is living with my sister family and drawing government pension to support her. She has her own house. This is the only commitment she has in India. I am only son of her; I am...

As per 485 adjudication rule, they should check status violation since last lawful admission. It is hard to know why they are checking past violation before one left US. It seems your wife was out of status for more than 2 years before she left US. You better consult an attorney.

Another important issue. One can do 100 jobs at a given time using EAD. However, inorder to get GC, the primary job must be "fulltime" and "permannet" in the same/similar occupation of 140. Fulltime means atleast 40hrs per week.

They may question you, if you have only 2 days left in your H visas. Take AP with you as a backup.

If you changed the job after 6 months of 485 pending you are covered under AC21, irrespective of when your 140 was approved. Don't pretent as you are in LOA with A. This will complicate the situation. Just be true. If you have a vaild work authorization for employer B (H1B or EAD), you are fine...

Have you mentitioned the case details in 485 form when applying? If you did not hide any information in the form, you are 100% O.K.

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You were never be in out-of status or Illegal emplyment. You were continously working for A in L1, when H1 was approved for B. You never took employment with B. There is no legal obligation or time limit to take the emploument with B. As there is no time limt to join B on H1, you can...

You can enjoy the luxury of duel status in USA; However it is tricky in abroad. As realcanadian said, if you go h1b stamping along with your wife for h4; then the problem is easy and simple. You can try different options here, including filing I-539; but it has issues as discussed above...

I completly agree with your logic. However, no one knows how the USCIS adjudicaters or consular officers abrod visualize the situation or how much knowlege they have on this to grant favorable determination for this guy. If he files I-539 to have COS to H1 from parolee; it is not a conventional...

I see only the extension of H1B after parole in that Q&A. It says, one can only extend the status and thus can get a new I-94 with H1B, by terminating the parole status. In order to do that, he has to file the extension of H1B; not change of status. However his current H1B is vaild till 2010. So...

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I doubt one can apply COS inside US from AOS/parolee to any non-immigrant status like H1. I think COS is applicable only to extend/switch with in non-immigrant visa catagories; of course AOS/parolee is not a non-immigrant catagory as per his I-94. Form I-539 purpose is "You should use this...

Though, you entered to USA with a new I-94 with "parole" stamp you are still in H1B status based on USCIS memo. This is only good for continuation of your previous H1B employment after you entered in "prole" travel document. However, if you send your latest I-94 for your wife's H4 visa, the...

First and important issue in filing derivative/dependent 485 is you need a affidafit of support (form I-134) from the primary applicant, to prove that you will not be social burden to USA. I-134 is a important document other than the copy of your husbund's 485 receipt notice. You do not need...

Not many cases (precedence)like your case to give much idea about EAD to H1B. Technically, once you used EAD and left the h1b petitioner your non immigrant status (H1B) has gone completly. You will be considered as pure AOS. Even if the previous H1B is not cancelled and valid for few more years...

Sorry to hear your situation.. Too add to Ginnus point (few basic information). 1. I-485 is your application. You are the owner. You have a legal right to ask the recipt of 485 and copy of 485 from your lawyer. Your lawer legally has to give all the information regarding your 485 (not your...