Jim And Marta

G

GCCrusader

Registered Users (C)
Here is my situation maybe you can advice better if you know the story:
1.Self and spouse came to the US on a B1/B2 visa
2.Both changed status to H1 after 90 days of arrival
3.I have my 140\'s approved in EB2 from VSC
4.I have My wifes 140 in EB 3 approved at NSC
5.I am about to file 485 using my own 140
6.My wifes 140 is basically being wasted so i was wondering if ......

My question starts here:

Is it possible to file CP with my wifes 140 and go to India using the AP that i get against my 485( dont have a Visa for h1 in passport) and in case CP gets declined due to B1 to H1 transfer or any other reason,can i come back into the US using my AP and wait for my 485 to be approved.?
 
GCCRUSADER

I believe that you can do this (file for CP and AOS) under these circumstances BUT, you may not want to. If CP is denied for these reasons it will be for immigration fraud (precoceived intent to remain beyond the expiration of the B-1 visa). This could result in revocation of the H-1 visa and your ability to reenter the US. Think this over carefully and do the research. You seem quite capable of getting answers. If you want my opinion, I wouldn\'t file CP since there are potential problems but I am not a risk taker in immigration matters When there is a choice, I almost invariably recommend the safest course of action since if you take an avoidable risk and it goes bad, you will be very sorry that you didn\'t go the safe route.

Of course, I\'m not the one that\'s waiting for a GC.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
No Title

1.Self and spouse came to the US on a B1/B2 visa
2.Both changed status to H1 after 90 days of arrival

I read somewhere that the worst you can do is to change your B1/B2 status within 30 days of your entry to the US. The best way was indicated as 60 days +. So you should be safe.

I am not a lawyer, I might be wrong!

I found it:

Topic: Dual intent? (2 of 2), Read 100 times
Conf: Consular Immigrant Visa Issues
From: Ron Gotcher
Date: Sunday, January 06, 2002 04:24 PM

The rule that is normally applied is that if you take action to change nonimmigrant status within 30 days of arrival, fraud is presumed. If you wait more than sixty days, legitimacy is presumed. In between, it is a toss up. Since you waited a year, you are well beyond the threshold for presumptive legitimacy.

Ron Gotcher
The Gotcher Law Group, PC
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403

Tel: 818-990-4922
Fax: 818-990-4964
e-mail: JRG@Gotcherlaw.com

Notwithstanding any express or implied comments in the body of this message, nothing herein should be construed as legal advice, solicitation of legal services, or the creation of an attorney-client relationship. If you have a complex problem, you should seek individual legal representation from a competent immigration lawyer.

Topic: B1 To F1 (1 of 7), Read 53 times
Conf: Non-H Nonimmigrant Issues
From: Anonymous
Date: Friday, June 01, 2001 11:21 PM

If one enters US with B1/B2 visa and then later obtain a valid I-20, is it possible to adjust status to F1 within US? How long does that take? Are there any potential complications?

Thanks

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Topic: B1 To F1 (2 of 7), Read 43 times
Conf: Non-H Nonimmigrant Issues
From: Deleted User
Date: Saturday, June 02, 2001 05:11 PM

The term adjust status refers to an application for immigrant status. It is possible to apply for a change of status to F-1, however. You need to file form I-539 with the service center having jurisdiction over your residence. Include the I-20 given to you by the school, together with proof of your ability to support yourself without working. If you apply within 60 days of entering the U.S., they will presume fraud on your part.

Ron Gotcher
Gotcher, Richmond & Associates, LLP
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403
 
Thanks guys

You guys really do a great job....it nice to see people who go out of their way to help unknown people.

I will keep researching this further....for now i have decided to go ahead and file my 485 with my wife as dependent.
 
Does a change from F2 To F1 visa in less then 60 days constitute any potential problem?

Thanks for any response?

Raj
 
Marta, what constitutes "taking action to change"...

What constitutes "taking action to change" one\'s nonimmigrant status? Is it when the H1 petition is filed? Or when LCA is applied for? Or even when one interviews with a prospective employer? While it could arguably be one\'s intention to change one\'s nonimmigrant status if one interviews for a job, what would constitute a "legal" threshold on the basis of which INS would adjudicate, and how could one establish this? Could you shed some more light on this?
 
No Title

I am just guessing that it starts with LCA application. Otherwise it would be quite taxing to investigate everybody about their interviewing process.

Simply, I do not know much about this issue. Sorry!
 
JIM & MARTA Help!

Hi Jim and marta! Thanks guys for your help on this board!

Here is my situation.

1)

My labor petition just got cerified from boston DOL in EB2(BS + 5yrs) RIR category. My question is since i see a lot of queries in eb2 category for 140, can i file 140 in eb3 category or in both EB2 and EB3 from vermont itself?.

H\'ve talked to my attorney, and he was telling that since we applied for labor in EB2 category, It has to go thru in EB2 for 140. But he said we would check on it.

2)

Also, i got my labor certification in a company which i just joined in december. So my attorney was doing all the documentation for i140 filing and was telling that my W2 nor my payslips are needed for 140 filing(becuz i just joined the company in dec 2001) and since he is enclosing all the financial statements of the company.He has also done my education evaluation.
My question is i see a lot of queries for W2\'s...how imp is that to enclose emloyee W2 while filing?? as my attorney says its unessaccary.
but i do h\'ve the pay slips and W2(wages for one month only)

Please help me !!

Thanks
 
CTO,

Q1: I believe your lawyer is right. At the same time, I remember something that in some cases the VSC put some filings in EB-3. However, I do not have any experience with this.

Q2: Since he is enclosing all the financial statements of the company, you should be OK. They usually send an RFE for employee W2 and pay slips, when they are not sure that a company can pay the wages. On the other hand, it would not hurt to send it as well.

Good luck!
 
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