"Good news"

[nemessis]

It might be but its not very easy ... GC would have been much more liberty ... with Ac21 it should be "same or similar" ... and that's not easy to find in our field especially in Boston ... I don't know if I'll find a job with exactly the same job description ...

Assuming you get a job offer there (as an MD), you could always use AC-21, no?

ETA

 

[udacha6]

If you can you need to move to your wife's asap. An employer change is acceptable under AC21, but a fraud isn't.
I had to move to Chicago two years ago while my case was pending in Vermont and my husband had to quit his job in NYC only to avoid the same problems.

 

[nemessis]

Thanks a lot ... that's a very good advice ... I have tons to show ... tickets to Boston every weekend

Nemessis,

Sorry for that. The difference in the addresses is the key.

They suspect fraud and you will have to prove that you have a marriage in good faith. With the addresses in different states it may be difficult to do, so you'll need to show - joint bank accounts, joint tax forms, telephone bills to show that you talk a lot, plane tickets, having a child together - anything to prove that the marriage isn't on paper only.

My friends' case is similar to yours, but the wife leaves in Spain, not Boston. Their case was denied after the interview as they couldn't show any evidence of ever living together. We had the same immigration lawyer and I know most of the details. Let me know if you need more info.

 

[nemessis]

Fraud??? Why they should accuse me of fraud ? It's a fraud if your wife works in a different city?

If you can you need to move to your wife's asap. An employer change is acceptable under AC21, but a fraud isn't.
I had to move to Chicago two years ago while my case was pending in Vermont and my husband had to quit his job in NYC only to avoid the same problems.

 

[waiting!]

I'm the primary applicant, my wife's is doctor also ... her new work place ... Harvard ... I hoped I can move there also after my approval ... looks like isn't working as planned ...

Nemessis,
Sorry to hear about this and hope that things resolve for you quickly. It seems both you and your wife are physicians. Did you start of with a J visa and then try to convert to some other status like H1 etc. The reason I ask is because physicians especially from countries such as India have restrictions on exchange visas for which one need waivers. Sometime the waivers are exempted and one can apply for GC if the physician serves in some medically underserved suburban areas.

Would you by any chance happen to be in that category. Phili and Boston are big metros and would not qualify under that category and probably a cursive look at 140 at the time of 485 adjustment might have triggered a transfer (just a guess!).

Good luck.

waiting!

 

[ETA-GC]

It might be but its not very easy ... GC would have been much more liberty ... with Ac21 it should be "same or similar" ... and that's not easy to find in our field especially in Boston ... I don't know if I'll find a job with exactly the same job description ...

Agreed.

It's unclear to me (and to most people on this forum as far as I know) what "same or similar" means though. In your case, it *might* be sufficient to continue working under the general category of MD (or whatever your category is) just as I could possibly work anywhere as a software engineer. Or, it's possible that the job might have to match more specifically -- I don't know.

Does anyone know, if the marriage is considered to be bogus (hypothetically speaking -- this doesn't apply to you from what you've said), do they deny *both* I-485's?

Also, could your wife possibly pursue a GC on her own as a backup plan (although strarting from square one on this obviously wouldn't be great...).

Hope it all works out!

ETA

 

[LCSilence]

Fraud??? Why they should accuse me of fraud ? It's a fraud if your wife works in a different city?

A lot of people out there use marriage as a way to get GC, unfortunately this makes innocent couple suffer. Don't worry, as long as you have a genuine marriage, you should be fine. Consult an immigration lawyer first if you want to be sure.

 

[udacha6]

You and I understand that it isn't fraud but their job is to make sure that it isn't. Practically every case when people get married right before the filing is transferred. Childless marriages are usually a suspect too.

Please be very careful and collect everything you can to show that the relationship with your wife is still alive - open joint bank accounts if you don't have any now, file 2004's tax together, have a child(???).

BTW, I don't think you will have to wait for a long time for your interview if you are not going to be affected by the retrogression. It should speed up after that as a lot of family-based cases that usually slow down the interview process will be put on hold.

Regards...

 

[nemessis]

It's true, I came in a j1 visa but i got the waiver and the waiver letter was included in my application .. I am from Europe ... I didn't think of that, they might have lost my waiver then ... anyway I am thinking to apply in other categ EB1-1, EB1-2 and EB2-NIW ... I qualify for all of them ... I blame myself now I didn't do it before, but I was so sure of the approval ...

Nemessis,
Sorry to hear about this and hope that things resolve for you quickly. It seems bot you and your wife are physicians. Did you start of with a J visa and then try to convert to some other status like H1 etc. The reason I ask is because physicians especially from countries such as India have restrictions on exchange visas for which one need waivers. Sometime the waivers are exempted and one can apply for GC if the physician serves in some medically underserved suburban areas.

Would you by any chance happen to be in that category. Phili and Boston are big metros and would not qualify under that category and probably a cursive look at 140 at the time of 485 adjustment might have triggered a transfer (just a guess!).

Good luck.

waiting!

 

[nemessis]

I used an immigration lawyer ... he is supposed to be among the best in Philly, Penn reccomended him when I start the application ... the problem now is not if they will aprove me at interview but when the interview will be ...

A lot of people out there use marriage as a way to get GC, unfortunately this makes innocent couple suffer. Don't worry, as long as you have a genuine marriage, you should be fine. Consult an immigration lawyer first if you want to be sure.

 

[nemessis]

Thanks a lot ... no child so far , but all the other things .. bank acc, tax filled together .. no problem with that

You and I understand that it isn't fraud but their job is to make sure that it isn't. Practically every case when people get married right before the filing is transferred. Childless marriages are usually a suspect too.

Please be very careful and collect everything you can to show that the relationship with your wife is still alive - open joint bank accounts if you don't have any now, file 2004's tax together, have a child(???).

BTW, I don't think you will have to wait for a long time for your interview if you are not going to be affected by the retrogression. It should speed up after that as a lot of family-based cases that usually slow down the interview process will be put on hold.

Regards...

 

[udacha6]

If your wife can file for I140/I485 herself she should do it asap. She won't get it before you but this will show that she really doesn't have to be married to you to get a GC (or you to her) and the marriage circumstances (addresses etc) will become irrelevant.

 

[joyd]

Now for nurses, I know that you can skip the labor certification and directly file 140/485, does the same apply for Doctors too?

joyd

 

[nemessis]

No ... the rule applies only to nurses and this is because of the huge shortage, for doctors is not true ...

Now for nurses, I know that you can skip the labor certification and directly file 140/485, does the same apply for Doctors too?

joyd

 

[waiting!]

No ... the rule applies only nursesand this is because of the huge shortage, for doctors is not true ...

Nemessis,
You might want to check on that!. Provided one is serving in a medically underserved area one can bypass the labor certification and directly apply for 140/485, just like an EB1. I do know of a friend who went that route.

Waiting

 

[nemessis]

I'm in a better mood now ... it took me a few hours to recover I checked all the info available on this WEB site abt Philly local office and I already started the scanning for a "Philly by sampling scanning" thread (I'm a little maniacal now) the situation doesn't look that bad like I initially thought, it looks like it's possible to get the interview in a few months with a little luck ... anyway guys I want to thank all of you, I really felt like in a family here, I learned a lot from you, from how to apply for EAD to what is a name check and how to check abt that. It was my pleasure I could give something back to the community, I wish I can continue to do it but all my scanning resources will be focused on discovering the trend at Philly INS. I will visit this forum of course, I have already the compulsion to do it every 2 hours, I'll just add to my compulsions another thread, because the info one can find here is extremely valuable.

I have a question for somebody who knows: there was a recent news abt the implementation of a pilot program (which I think was in Texas or Calif) to all local offices ... when this will happen and how do you think this will affect the processing at local offices for EB cases ... also how the PD regression for EB3 will affect the local offices processing?

Thanks a lot guys and good luck,
nemessis

 

[nemessis]

Yes I know, but neither Penn nor Harvard are underserved areas and once you go there you have to stay at least 3 years ... I saw such "underserved areas" I'll rather go back home ...

Nemessis,
You might want to check on that!. Provided one is serving in a medically underserved area one can bypass the labor certification and directly apply for 140/485, just like an EB1. I do know of a friend who went that route.

Waiting

 

[ETA-GC]

I have a question for somebody who knows: there was a recent news abt the implementation of a pilot program (which I think was in Texas or Calif) to all local offices ... when this will happen and how do you think this will affect the processing at local offices for EB cases ... also how the PD regression for EB3 will affect the local offices processing?

If it's the pilot program I know about, this was only for family based cases...

My guess (which might be 100% wrong) is that the EB3 regression will affect cases the same whether or not they are being handled at a local office.

Of course, this won't affect you as you are EB2 (and born in Europe?) apart from possibly speeding things up if this frees up more resources for older cases.

ETA

 

[nemessis]

born and raised in Europe, like all my ancestors

I know it's a selfish thing but I was hoping that might improve the processing at the local offices

Thanks a lot ETA

(and born in Europe?)
ETA

 

[nemessis]

Guys,

I have another question, maybe some of you know the answer or was in this situation: my case was transferred on Wed, dec 8, but my wife's not, her case is still at VSC ... is this normal? I called the National Serv Center in the morning and they told me that's not unusual and the cases can be processed separately. I'm completely confused ... should I ask them to transfer my wife's case also or they do that whenever they consider necessary ... can this be a cause of another delay?... and where to ask the transfer: Philly or Boston? Since it would be easier for her to go to Boston and their processing time is better? Any thoughts abt that?

Thanks a lot,
nemessis