Help!!! Lost in the jargon and the process...

A

a_usc

Registered Users (C)
Hi ev one,

I (a usc) filed I-130 for my husband in Oct 2005 and know a very little about the process or the jargon. I browsed this forum and read quite a few threads, but I don't know the complete jargon still. For example:

What is a Notice Date? The form 797C (Notice of Action) received in response to my I-130 says: Receipt Date: Nov 3, 2005 and Notice Date: Nov 13. Does it mean that my ND is Nov 13? The reason I got the doubt is because I noticed a lot of ppl had their RD and ND separated by more than few weeks.

My husband is in the US currently on L1, but we did not apply for Adjustment of status or EAD. Reason is that we do not know how it will impact his L1 and consequently his assignment here. After completing his L1 assignment, he is required to go to India and work for a few months before he can quit his current job. Can he file 485 and 765 now without affecting his current assignment?

Is 485 a pre requisite for filing a 765?

Once we file for his 485 and 765 (if both are required) and these get approved, will he be able to continue on his current assignment? Also, in case he requires to go to India for a vacation or as a result of the completion of his L1 assignment, will the approval of 485 and 765 cause a problem?

Sorry guys if I asked a seemingly stupid question or a question with an obvious answer - as I said, I have very little info of the process. Thanks for your time.

usc :)
 
ND = Notice Date

AOS I-485 is meant to be the part where your husband applies for LPR (Legal Permanent Resident), so he won't be dependent on any other visa. Together with EAS I-765 he'll be free to work whatever for whoever.
In case he needs to travel abroad (from the US) for less than a year, he'll need an AP (Advanced Parole) in order to come back without consequences.

I don't know anything about L1, but I tend to think that immigration conditions on a family based AOS are better than anything else in case you're able to financially support your husband, which you already claimed with your I-130.

I hope that helps
 
Rex, thanks for your time and good luck with your case. My problem here is that my husband's current job has some kind of a contract that requires him to go to India and work for a few months before he could quit them. So I what I want to know is whether filing for LPR and EAD would jeopardize his current assignment. In other words, if his LPR and EAD is approved, can he continue on his current assignment and can we go to India after his current assignment here is over and spend a few months there? Later we would like to come back and use the LPR and EAD for him to seek a permanent job here.

Another question that I want to add here is regarding the Visa Number. I read at the USCIS website that a USC filing for her spouse doesn't have to wait for a visa number - it is immediately available upon the approval of I-130. We have received a 797C (NoA), is that an approval or just the receipt notification? If it is the approval of I-130, where is the visa number? Do I need to refer to the Visa Bulletin for any reason?

I read on this forum people mentioning District Office (DO) and service center... how are these different and what are each of these meant for. Being in CA, I sent my husbands I-130 to Laguna Niguel, California service center... is that okay? Did I need to send it to some other SC? Or to a DO?

I am absolutely lost and this is due to very limited knowledge that we have on this topic... plz help... any takers? :(

Timeline
Oct 27, 2005 - Mailed I-130 and G-325A
Nov 03, 2005 - Forms received by USCIS
Nov 13, 2005 - Notice Date
 
I won't be able to tell you anything about the L1, since I have no clue about it.
Regarding your I130, since spouse of USC does not have to wait for visa number to become available and since your husband is in US, your husband have to file for I 485 to get his GC through you. Go to www.uscis.gov. All basic info on how/what to file is available there.
 
a_usc said:
Rex, thanks for your time and good luck with your case. My problem here is that my husband's current job has some kind of a contract that requires him to go to India and work for a few months before he could quit them. So I what I want to know is whether filing for LPR and EAD would jeopardize his current assignment. In other words, if his LPR and EAD is approved, can he continue on his current assignment and can we go to India after his current assignment here is over and spend a few months there? Later we would like to come back and use the LPR and EAD for him to seek a permanent job here.

Another question that I want to add here is regarding the Visa Number. I read at the USCIS website that a USC filing for her spouse doesn't have to wait for a visa number - it is immediately available upon the approval of I-130. We have received a 797C (NoA), is that an approval or just the receipt notification? If it is the approval of I-130, where is the visa number? Do I need to refer to the Visa Bulletin for any reason?

I read on this forum people mentioning District Office (DO) and service center... how are these different and what are each of these meant for. Being in CA, I sent my husbands I-130 to Laguna Niguel, California service center... is that okay? Did I need to send it to some other SC? Or to a DO?

I am absolutely lost and this is due to very limited knowledge that we have on this topic... plz help... any takers? :(

Timeline
Oct 27, 2005 - Mailed I-130 and G-325A
Nov 03, 2005 - Forms received by USCIS
Nov 13, 2005 - Notice Date
Click to expand...


I really recommend to go to the USCIS website like amishah already pointed out. You'll find everything there and you, capable of reading english, shouldn't have a problem finding every info you'd need. Look at the "forms and fees" and they'll tell you precisely where to send which form.

Again, as an LPR your husband can work wherever for whoever he'd like.
I don't see a problem for him filing I-485 and I-765 and simultaneously fullfilling the current contract with his current employer. In the moment he'd be required to go to India, he can travel (AP is a must).
As far as I remember you're supposed to stay outside the US for only so many months. Look it up under "advanced parole".

Visa Numbers are only important for those applicants from outside of the US, as far as I've understood other cases here on the forum, though I'm anything but an expert on that field. As far as I've read so far it takes much longer to apply from outside of the US than applying while you're in the country.
Take your time to read through the forum and take your time to research the USCIS sites. I find them pretty informative and helpful.
 
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