Recent Experience from J-1 to Green card.

Z

ziqch

Registered Users (C)
Hello all, I am posting my recent expereince of getting green card. I am a physician from paksitan who did residency on J-1 from 2001 to 2004, started with J-1 waiver job on H-1 from july 2004. After starting my waiver on H-1, ( not stamped on passport), I simutaneously applied for labor cert. and NIW. I got EAD and Advance Parole using my NIW application and was able to travel to Pakistan using advance parole. I had to renew both EAD and parole every ear which I did. I travelled to Pakistan for a total of three time using parole. I did not go to Embassy to get H-1 stamped. I got married on one of my trips, my wife cmae over on visitors visa which we swtiched to H-4 and then her name was added to my NIW application, subsequently she got her EAD and ADvance parole as well which she used for travelling. I applied for consulor processing rather then AOS, based on several facts including lesser time for security check. I did have parole, so even if my name was put in security check, I could come back on Parole to resume my job and then return once clearance was done.
Anyways, I went for consular processing interview on Oct. 10 in Islamabad, It went really smoothly, no real questions or hassles, consulor did not put my name in security check. SHe asked me about my return date which was oct. 18th, after thinking about it, she asked me to come back to get my passport with IV stamped then next day which I did. My port of entry was JFK on Oct. 20th, no problems there either, passport stamped and told that I will recieve my green card in mail in about 4 weeks. So thats my story.
I am writing this experience to give back, I have learnt a lot from this site and want to give back. I will be following this thread for next 2-3 weeks. If anyone has any questions, feel free to post and I will reply.
I am really happy and relieved that my immigration stuff is done, I wish everyone luck while going through trails of this process.
 
My understanding is (purely speculation) that consulor can put your name to security check if they want to. I think this is in addition to if computer raises a red flag. So consulors do have some descretion. We OTOH did not have to go through any security checks.
 
Congratulations! I assume you went through CP based on the Labor certified I-140, am I right? It's also interesting that you used AP while on H1B secondary to J1 waiver as a lot of people say that one shouldn't use EAD or AP (NIW based) during the initial 3 year period. Can I ask for details in your timeframe for your labor based 140 such as when you applied, how you went about scheduling the interview, etc?
 
raj121b said:
Congratulations! I assume you went through CP based on the Labor certified I-140, am I right? It's also interesting that you used AP while on H1B secondary to J1 waiver as a lot of people say that one shouldn't use EAD or AP (NIW based) during the initial 3 year period. Can I ask for details in your timeframe for your labor based 140 such as when you applied, how you went about scheduling the interview, etc?
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You are very right about this opinion of not using EAD or Parole in first three years of H-1 visa as using those changes your status. However, my understanding after many discussions with lawyers is you are not supposed to use EAD to work for a different employer. But using AP to travel does not make any difference. During CP interview, I was asked to produce H-1 papers as I did not have any H-1 stamped but thats it. I did infact tell them that I have been travelling using AP, but there was no issue.
Regarding my time line, I applied for labor cert. in aug. 2004 which was approved in 2-3 months. After that we filed I-140 immidiately which was approved aorund july, 2005. Then we waited till dec. 2006 to move the case to NVC so that interview date would be after my three years of waiver are over. I did run into a hiccup with NVC misplacing my application and sending it back to NSC. I had to get senator's office involved to get the file back to NVC which occured in Feb.2007, after that I recieevd filed packet 3. In May i recieved a packet 3.5 from islamabad consulate which is same as packet 3 of NVC. I filled out that one and sent it to islamabad. In july we reiceved an intervewi date for Oct. 10th.
Hope this helps.
 
CP application timeline.

ziqch said:
I applied for labor cert. in aug. 2004 which was approved in 2-3 months. After that we filed I-140 immidiately which was approved aorund july, 2005. Then we waited till dec. 2006 to move the case to NVC so that interview date would be after my three years of waiver are over. I did run into a hiccup with NVC misplacing my application and sending it back to NSC. I had to get senator's office involved to get the file back to NVC which occured in Feb.2007, after that I recieevd filed packet 3. In May i recieved a packet 3.5 from islamabad consulate which is same as packet 3 of NVC. I filled out that one and sent it to islamabad. In july we reiceved an intervewi date for Oct. 10th.
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I'm told that legally, you can't submit paperwork for AOS or CP until 3 years of H1-b are over. I thought that you can do all the submissions and make sure that interview day is after 3 years' are up. I read this in this forum that you can get CP interview date on July 1, assuming June 30th when your 3 years' are up, if things are planned ideally.

I know that law does state that one can't change status before 3 years' of H1B are completed. I suspect, asking for AOS or CP might fall under this category. And they might reject this.

Having said that, is this what your understanding? If so, could you please list items you did before June 30th and after July 1st.

Thanks,
 
We filed for CP much before three year waiver were over, actually as I mentioned before, file was fowarded to NVC for CP in dec. 06, about 6 months before waiver term was over, so that was not a problem. About interview, once consulate contacts you , you can always make sure that interview date is after three year period. I would suggest applying for CP about 6 months or so in advance to give them enough time. This way you will get interview date around about when you complete three years.
hope this helps.
 
ziqch said:
We filed for CP much before three year waiver were over, actually as I mentioned before, file was fowarded to NVC for CP in dec. 06, about 6 months before waiver term was over, so that was not a problem. About interview, once consulate contacts you , you can always make sure that interview date is after three year period. I would suggest applying for CP about 6 months or so in advance to give them enough time. This way you will get interview date around about when you complete three years.
hope this helps.
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Maybe I'm missing something... When you request for CP, I think you mention that on I-140... can't you request CP along with I-140?

What form need to be submitted for CP? I-485, you can only submit after 3 years of J1-waiver is up.
 
m_img said:
Maybe I'm missing something... When you request for CP, I think you mention that on I-140... can't you request CP along with I-140?

What form need to be submitted for CP? I-485, you can only submit after 3 years of J1-waiver is up.
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Yes, CP is requested on I-140, but then you have to contact and submit fees to NVC so that they can get your file from NSC and start the process. Now this can be done whenever, ideally about 6 months before your waiver is over. I-485 AKA AOS can only be filed once three years are over though.
hope this helps.
 
ziqch said:
Yes, CP is requested on I-140, but then you have to contact and submit fees to NVC so that they can get your file from NSC and start the process.
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How does this work, i.e. they NVC sends you an invoice or you submit some form?

Thanks,
 
Yaar to tell the truth, I don't know how exactly to contact NVC, my lawyer did it for me, but I did not fill out any forms, I did however made casheir's cheques to NVC to start the process.
Hope this helps.
 
once you opt of CP, don't you give up your AP and EAD? Please let me kcnow as I am in the same boat since my H1 is not renewed and I don't want to do CP even though it will hurry up the name check blackhole I am in right now.
Thanks
vidyaram
 
vidyaram said:
once you opt of CP, don't you give up your AP and EAD? Please let me kcnow as I am in the same boat since my H1 is not renewed and I don't want to do CP even though it will hurry up the name check blackhole I am in right now.
Thanks
vidyaram
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I did not give up my EAD and AP as those were tied to separate I-485 filed based on NIW. So if you follow both tracks, you can keep on using AP even after filing for CP> I will not recommend using EAD before three years of waiver are over though.
Hope this helps.
 
MASHALLAH..... I am really surprised coz I heared many negative stories about stamping in pakistan but ur experience is a ray of hope..... I am also from pakistan.... planning to visit there sometime next year inshALLAH....I am in 2nd year of my waiver..... have filed AOS.... have advance parole and EAD with me.... now I have a question that which year of waiver u used ur travel document first time.... coz i heared common thing about not to use advance parole.... and secondly can u plz tell me the name of ur lawyer.... and do u have common muslim name like khan, muhammad or something like this?
 
drjavi said:
MASHALLAH..... I am really surprised coz I heared many negative stories about stamping in pakistan but ur experience is a ray of hope..... I am also from pakistan.... planning to visit there sometime next year inshALLAH....I am in 2nd year of my waiver..... have filed AOS.... have advance parole and EAD with me.... now I have a question that which year of waiver u used ur travel document first time.... coz i heared common thing about not to use advance parole.... and secondly can u plz tell me the name of ur lawyer.... and do u have common muslim name like khan, muhammad or something like this?
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I used my travel documents when i first got them, i.e. six months into my waiver, did not have any problems with that. I will pm you my lawyer's name. My name is Mohsin Iqbal, so you can take it for whats it worth, although i did not see 2-3 consular processing casses going to name check that day. Btw even if you go name check, process is much faster taking about 6 months, you do have to go back though to get visa stamped. May I ask how did you file for AOS when you are only in your second year of waiver?
hope this helps.
 
sorry I mentioned wrong that is not AOS its NIW, on the basis of NIW I got travel document and EAD for me and my wife, my kids are already US citizen.... now I have another question that did you file new H1 everytime when you used your H1 for coming back to USA.... this is what my attorney told me that we have to do in case of using travel document.... and last can you give me your e-mail....thanks
 
drjavi said:
sorry I mentioned wrong that is not AOS its NIW, on the basis of NIW I got travel document and EAD for me and my wife, my kids are already US citizen.... now I have another question that did you file new H1 everytime when you used your H1 for coming back to USA.... this is what my attorney told me that we have to do in case of using travel document.... and last can you give me your e-mail....thanks
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That is exactly what another lawyer told my friend, I was told that using AP does not make any difference. You are just not supposed to use EAD to work somewhere else. I did not renew my H-1 after using AP and I went back to pakistan using AP four times in three years. I had to extend my H-1 towards the end of my three years as it was about 7 days short of three years. but thats all. email addy pmed.
Hope this helps.
 
AN update.

Just wanted to update. i recieevd my green card on 12/7/07, so about 38 days after entry into US. Not bad, stll waiting for wife's card thoguh. Should be here soon.
 
Hi ,

I have 6 months left to finish my waiver . I got married to a US citizen recently. When can I apply for greencard. How long does it take usually after finishing the waiver.

Thanks
 
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