Just wanted to add real case detail. My 485 was recently denied even though I had submitted AC21 but seems like they had never received such. Bottom line, Texas center seems to deny 485 if you don't submit AC21 letter and approved 140 gets withdrawn by employer who had filed for one. Their denial letter says something like "Burden relies on applicant to prove eligibility".
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- Thread starter monica1
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Just wanted to add real case detail. My 485 was recently denied even though I had submitted AC21 but seems like they had never received such. Bottom line, Texas center seems to deny 485 if you don't submit AC21 letter and approved 140 gets withdrawn by employer who had filed for one. Their denial letter says something like "Burden relies on applicant to prove eligibility".
AP expired while traveling
Advanced Parole Docuemnts, Validity: Sep 4, 2008 - Sep 4, 2009
Entered on Nov 11,2008 using above AP. Paroled stamp til Nov 11, 2009
Left US Aug 17, 2009, thinking AP is valid til Nov 11,2009
Returned to US on Sep 14,2009, after talking to officer at POE, realised the real expiration date of AP (Sep 4, 2009). Landed 10 days late.
Deffered Inspection scheduled on Oct 14, 2009. Based on few different lawyers and research on internet, most likely 485 will deny based on "travel using expired AP". What are the options? This is an honest mistake. Is there application or anything to file for Humanitarian request based on HONEST MISTAKE incase 485 denies? which is most likely.
Please read the similar case where 485 denies after Deffered Inspection.
http://www.lawbench.com/immigration-forum/9144/i-485-denied-due-to-travelling-on-expired-ap
Thank you for taking question.
Advanced Parole Docuemnts, Validity: Sep 4, 2008 - Sep 4, 2009
Entered on Nov 11,2008 using above AP. Paroled stamp til Nov 11, 2009
Left US Aug 17, 2009, thinking AP is valid til Nov 11,2009
Returned to US on Sep 14,2009, after talking to officer at POE, realised the real expiration date of AP (Sep 4, 2009). Landed 10 days late.
Deffered Inspection scheduled on Oct 14, 2009. Based on few different lawyers and research on internet, most likely 485 will deny based on "travel using expired AP". What are the options? This is an honest mistake. Is there application or anything to file for Humanitarian request based on HONEST MISTAKE incase 485 denies? which is most likely.
Please read the similar case where 485 denies after Deffered Inspection.
http://www.lawbench.com/immigration-forum/9144/i-485-denied-due-to-travelling-on-expired-ap
Thank you for taking question.
jeetmarwah
New Member
EAD and filing for Unemployment??
Hi Rajiv,
I am on EAD and got laid off last week. Can I file for Unemployment? If yes, what kind of risks are involved? If there is a RFE later on for this period, what should be the plan of action to tackle it?
Please explain in detail.
Thanks,
Jeet.
Hi Rajiv,
I am on EAD and got laid off last week. Can I file for Unemployment? If yes, what kind of risks are involved? If there is a RFE later on for this period, what should be the plan of action to tackle it?
Please explain in detail.
Thanks,
Jeet.
Naturalization Eligibility
Hi Rajiv,
I am married to a U.S. citizen and received my conditional green card in January 2009. My spouse wants to go to a medical school in Caribbean in Fall 2010. I won’t be living with her while she is away for her study. I want to know when I will be eligible to apply for citizenship. Will it be three years from the date I got conditional green card or will it be five years? According to form N-400, you are eligible to apply after three years if you have been a lawful permanent resident for at least three years and have been married to and living with the same US citizen for the last three years and your spouse has been a US citizen for the last three years.
How will your answer change if she goes to a Puerto-Rican school instead of a Caribbean School? I still won’t be living with her during studies.
I would appreciate your response.
Hi Rajiv,
I am married to a U.S. citizen and received my conditional green card in January 2009. My spouse wants to go to a medical school in Caribbean in Fall 2010. I won’t be living with her while she is away for her study. I want to know when I will be eligible to apply for citizenship. Will it be three years from the date I got conditional green card or will it be five years? According to form N-400, you are eligible to apply after three years if you have been a lawful permanent resident for at least three years and have been married to and living with the same US citizen for the last three years and your spouse has been a US citizen for the last three years.
How will your answer change if she goes to a Puerto-Rican school instead of a Caribbean School? I still won’t be living with her during studies.
I would appreciate your response.
Marriage after Green Card
My background - I got a family based Green card in Nov-2005 and after that I took 2 year extension to stay in India to complete my education. I came back to the US in Dec-2007 and since then I am staying in the US. I am getting married this year in the end of October. My fiance is in India and has her H1B from this years quota approved but not stamped yet. I am trying to get her H1B visa stamped in Oct-2009 before our marriage.
Will there be any problems entering the US on the H1B after the marriage?
How much difference should be there between H1 stamped date and marriage date so that we don't face any issue when I apply for her green card? I have 2 options in applying for her Green Card. I can apply for it next year once she is here, or after I get a citizenship sometime in 2012.
For now, I can postpone the marriage registration to a later date (after she comes to the US) if that will make things easier.
Also, is there an issue if I wait for my citizenship to go thru and let her work on H1B? Can this cause a problem in the citizenship process?
Please advice.
My background - I got a family based Green card in Nov-2005 and after that I took 2 year extension to stay in India to complete my education. I came back to the US in Dec-2007 and since then I am staying in the US. I am getting married this year in the end of October. My fiance is in India and has her H1B from this years quota approved but not stamped yet. I am trying to get her H1B visa stamped in Oct-2009 before our marriage.
Will there be any problems entering the US on the H1B after the marriage?
How much difference should be there between H1 stamped date and marriage date so that we don't face any issue when I apply for her green card? I have 2 options in applying for her Green Card. I can apply for it next year once she is here, or after I get a citizenship sometime in 2012.
For now, I can postpone the marriage registration to a later date (after she comes to the US) if that will make things easier.
Also, is there an issue if I wait for my citizenship to go thru and let her work on H1B? Can this cause a problem in the citizenship process?
Please advice.
DV Green Card Winner -> CP versus AOS
My spouse won the greencard lottery 2010AF165XX. Based on her case number I expect her to be current by February/March 2010. I am F1 status under post completion EAD(OPT), my wife has valid F2 status (current OPT and valid F2 Visa) but lives in France and often visit me in USA.
Question 1 : Does she has the option to file either CP or AOS?
Question 2: As the spouse (me) living in US and wife being the main applicant living in France, should I favour consular processing versus AOS, as I have been told that as I am not the main applicant my case will take even longer for AOS?
Question 3: Also conditions to file CP is that you should go to your home country or your last resident country. France is the resident country of my wife, I was temporary resident 5 years ago, but my last residence country was another european country and my home country in africa, is this an issue?
Thanks again Rajiv for this excellent and informative forum
Romish
My spouse won the greencard lottery 2010AF165XX. Based on her case number I expect her to be current by February/March 2010. I am F1 status under post completion EAD(OPT), my wife has valid F2 status (current OPT and valid F2 Visa) but lives in France and often visit me in USA.
Question 1 : Does she has the option to file either CP or AOS?
Question 2: As the spouse (me) living in US and wife being the main applicant living in France, should I favour consular processing versus AOS, as I have been told that as I am not the main applicant my case will take even longer for AOS?
Question 3: Also conditions to file CP is that you should go to your home country or your last resident country. France is the resident country of my wife, I was temporary resident 5 years ago, but my last residence country was another european country and my home country in africa, is this an issue?
Thanks again Rajiv for this excellent and informative forum
Romish
Karthik111
New Member
Dear Rajiv,
I have a question related to H1-B visa and status. I'm on my H1-B visa, and working for a company A. If I get laid off due to tough economy, how long would I be able to stay in US on H1-B visa without having illegal status. Do I need to leave US Immediately (the very next day) after I get laid off? Does it have any grace period of 90 days or so before I could pack my bags and leave US.
Thanks a lot for answering my question,
Best Regards,
Karthik.
I have a question related to H1-B visa and status. I'm on my H1-B visa, and working for a company A. If I get laid off due to tough economy, how long would I be able to stay in US on H1-B visa without having illegal status. Do I need to leave US Immediately (the very next day) after I get laid off? Does it have any grace period of 90 days or so before I could pack my bags and leave US.
Thanks a lot for answering my question,
Best Regards,
Karthik.
Hi Mr. Rajiv,
Thank you very much for this community service. I really appreciate this service very much.
Please see my question related to Green Card and US Citizenship.
I'm on my H1-b Visa and planning to get married to a Green Card holder. My fiance will be getting her US citizenship in May 2010. Currently she has "Green Card".
Can I get married to her when she has Green card? or would you suggest that I wait until she gets her US citizenship and then I get married to her so that I get work permit.
If I need to wait (May 2010) until she gets US citizenship, can you please let me know if I would be able to get married to her the very next day she gets her US citizenship? When is the best time to get married to her so that I can get Work Permit/Green Card through marriage.
Thanks in advance for your answers!
Best wishes,
Kalyan.
Thank you very much for this community service. I really appreciate this service very much.
Please see my question related to Green Card and US Citizenship.
I'm on my H1-b Visa and planning to get married to a Green Card holder. My fiance will be getting her US citizenship in May 2010. Currently she has "Green Card".
Can I get married to her when she has Green card? or would you suggest that I wait until she gets her US citizenship and then I get married to her so that I get work permit.
If I need to wait (May 2010) until she gets US citizenship, can you please let me know if I would be able to get married to her the very next day she gets her US citizenship? When is the best time to get married to her so that I can get Work Permit/Green Card through marriage.
Thanks in advance for your answers!
Best wishes,
Kalyan.
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Working on H1 with Two Employers - Company A and Company B and filing extension
Hello Rajeev,
I have a question regarding H1 extension?
I am currently working for Company A and my H1 is valid till 07/2010. I have H1 from Company B which is valid till 10/2009. Now can I work for both the companies together simultaneously as I have H1 approved from both the companies?
Also, if the company B is applying for extension of my H1, will there be any problems in getting extension with the same employer as I have everything like Paystubs and W2? I am hearing that these days USCIS is RFEing each and every H1 extension application?
When Company A files for H1 extension with their paystubs, will be any problems as I am maintaining both the jobs and both the H1s? I also have EAD valid till 2011.
If my employer is applying for extension of H1, can they file for dependent extension as well? Do my family members has to fill I-539 separately and give it to employer to include in the H1 packet? Will I have to provide the I-539 fees with the H1 extension application?
Thank you Rajeev for your support.
Hello Rajeev,
I have a question regarding H1 extension?
I am currently working for Company A and my H1 is valid till 07/2010. I have H1 from Company B which is valid till 10/2009. Now can I work for both the companies together simultaneously as I have H1 approved from both the companies?
Also, if the company B is applying for extension of my H1, will there be any problems in getting extension with the same employer as I have everything like Paystubs and W2? I am hearing that these days USCIS is RFEing each and every H1 extension application?
When Company A files for H1 extension with their paystubs, will be any problems as I am maintaining both the jobs and both the H1s? I also have EAD valid till 2011.
If my employer is applying for extension of H1, can they file for dependent extension as well? Do my family members has to fill I-539 separately and give it to employer to include in the H1 packet? Will I have to provide the I-539 fees with the H1 extension application?
Thank you Rajeev for your support.
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