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World's largest discussion forum for Immigrant visas, Nonimmmigrant visas including H-1, L-1, K-1, Green Card, US Citizenship and other important visas and visa related issues.
Updated: 2 hours 55 min ago

Can I change job when I got my greencard and My wife's is not?

Apr 23rd 2013
when my last employer applied for my GC, i was not married. But when I got married, my I485 was pending and the lawyer said I could add my wife when my process becomes current. Then in the middle i switched company with the promise that the new company will apply for GC in EB-2 which would be faster process. My new company filed for PERM and it went in to Audit, so it is still pending. But then my prev employer's process (that I thought they revoked, but they didnt) became current and I got my GC. the current company lawyer saying it is still possible to add my wife to the process and they are going to do that. and it should take about 6-9 months for her to get it.

here are the questions:

1. Now that I got my green card, do I still need to be in the same position for another 6 months? Can I not change company or position? Will the change invalidate my GC?

2. If I switch position, meaning change in title (new job, or get laid off, or moved to different company) with my green card, will it affect my wifes application once her GC application is filed?

3. Do i need to be in the same company in the same position until she gets her GC?

4. I am on my GC now, what is her status currently?

Pottential problems Entering and Exiting the US with DV

Apr 23rd 2013
I am an F1 student studying in the US. I am in the process of booking a flight to go home, but am just wondering if I am going to have a problem coming back into the country if I am selected for DV 2014? I would obviously not submit any forms or anything until I am back in the country, so at the POE the only thing sitting with me is the fact that I am a DV selectee. My parents have also entered so if one of them get selected I am in the same situation as I fall under their names. My question is do the immigration officers even have knowledge of things like this? Would it actually come up on their system that I was merely selected for the DV lottery? Is there a chance then that I would be denied entry even though I have not submited anything, is it not only immigration intent once i submit the forms?

My plan is to go home mid may, come back mid july and then submit forms (if im selected) I need to book the flights soon as theres a sale on them at the moment, but I just wanted to get some advice on the forums here. Anyone with any knowledge on this? Thank you!:)

About translation

Apr 23rd 2013
Hello guys,

A new member here.
This is my case.

On May 22 me and my family are having our interview in Athens. We are from Albania and we live in Greece. Today I am travelling to Albania in order to get some documents. My question is, can we translate those documents in Albania and validate them at the albanian embassy, correctly as we would here in Greece, and then use them at the embassy of Athens? I am making this question because I want to reduce my spends if possible :confused:

I would appreciate it, if you could tell me the right steps what to do about translation. The case is a little bit weird bacause we are foreigners and have to deal with two countries. Greece-Albania.

Thank you!

I-485 Administratively Closed under removal proceedings.

Apr 23rd 2013
Hi everyone, this is my first time posting here, but I have learned a lot of info from these forums, so decided to share my experience and ask questions.

I am in removal proceedings at the moment because of my ex-husband application for asylum was denied in 2010 and I was listed as a dependent on this application, so we both received NOA, had master hearing in September 2010 and was given individual hearing date for March 2014. We then divorced in 2011 and I married my current husband, who filed I-130 on my behalf and I-485 concurrently. We attended interview on April 18 and I-130 was approved, but our officer said that he will have to deny my I-485, because I am in removal proceedings and he doesn't have jurisdiction to adjudicate my application. That was not much of a shock for me because I kind of knew it was going happen.
Today I received Notice of Decision saying that, I quote "USCIS administratively closed your Application to Register Permanent Residence or Adjust Status in that the EOIR (Immigration Judge) has jurisdiction over your case. Any future requests to USCIS regarding your Form I-485 must be accompanied by a copy of an Immigration Judge's order terminating your removal proceedings."
My question is, does anyone know how to actually make a motion to an Immigration Judge to terminate removal proceedings, based on approved I-130. Is there a special form for that and what else do I have to include to a package?
All responds are highly appreciated, although I would like to ask not to recommend me to hire a lawyer please. The whole point of me asking for help at this forum is to avoid lawyers and do it myself. And I know that my case is not that rare, so if there is anyone who has been in the similar situation or just know how to do it, please help, even if it is any helpful link that I can use.

Thank everybody in advance.

Canadian immigrating to US on TN visa, planning to marry

Apr 23rd 2013
I'm a Canadian citizen who is engaged to marry a US Citizen. I'm a software developer.

It looks like the quickest way for us to live together is for me to get a TN visa to work in the USA, marry my fiancee, then apply for change of status to become a permanent resident.

Am I right? Are there any flaws with this plan?

I-864 income tax return question

Apr 23rd 2013
:confused:
Hi,

I have a question on item 25. Federal Income Tax Return Information
I was unemployed from September 2011 to September 2012 and in the last 5 years my income tax return was a joint return with my wife, which I am applying for her green card. She worked illegal and paid taxes as well if you are wondering.
My 2012 tax return has only a few months of my employment + unemployment compensation + her income.
How do I report the total income from form 1040EZ for most recent, 2nd and 3rd most recent year if the total income has my wife income is included?
Should I put all income and also include the previous years transcript ?

Thanks

Change I-130 "In Review" application from 2006, to another relative?

Apr 22nd 2013
Hi, great site - very informative! I searched threads for an hour and did not come across something similar:

Question: Is it possible to change an "In Review" I-130 filed back in 2006, from my Wife's sibling to my sibling?

Background:

My Wife and I are Naturalized US Citizens.

In 2006 my Wife submitted an I-130 for her adult sibling who lives in another country - it was accepted and the case shows as "In Review".

My Wife's sibling no longer wants to move to the US.

So we plan to cancel the I-130 application for my Wife's sibling.

However, one of my adult siblings who lives in another country, now wants to move to the US.

Instead of canceling the existing I-130 filed back in 2006 for my Wife's sibling, is it possible to change it to my sibling? If so, how?

This would allow us to "keep our place in the line" that we have held since 2006.

We don't mind paying all new fees, submitting all forms, etc.

Thank you!

Keith.

Best of luck to all of us waiting in the long line to legally bring our family to the US!

i 485 and work history

Apr 22nd 2013
Hi all
Please i need your advice , my english is 50/50 but i try my best to till the story:o

I am here in the united state since 2002 . I come with my husband and 2 children ( 2 & 5 years old at that time) .
My family here ( mother and 3 brother) all of them US citizen.
When we come here we have a visa 5 year (b2)
My old brother already file a i 130 for us in (april/19/2001)

My i 130 approved since that time, last month my priority date current and the visa number available . my lawyer send to uscis chicago luckbox all form for me and my family ( i 485,i 765,i 131) with many paper and documents .
We all do the biometric last week, and now we are in the testing and review stage(uscis case status) for the i 485 form, every thing is ok until now.

I'm concerned about the work history , my lawyer when he fill all form he leave it blank and answer NO for the question: are u ever been working in the united state?
My 3 brother support me and my family since i come here in 2001 and they bay for my rent and also my mom give my a monthly salary . I have a nice and good family all time they take care of me and my husband and my kids.
When we send the forms for uscis also we send affidavit of support from all my 3 brother for each one ( me and the kids and husband) so every one have a 3 affidavit of support because my old brother( the petitioner) don't make more than 20.000 last year that's why my lawyer send a three affidavit of support to uscis.

Im think now about my interview. I dont want to lie if they ask me are u ever work or your husband ? , honestly i never work but my husband work sometimes just to feed our kids and me .
As i say i don't like to lie but my lawer already put in the application that he never work .

We don't have SSN by the way .

i have a usc son he is 5 year now.

Please i need your advise what if they ask me about this in my interview ?
I WANT TO TELL THE TRUTH at my interview,? What is the best answer i have to telll if they ask about work ??

I appreciate your time and help

H1 to H4 to H1 - Important & Urgent, please reply!!

Apr 22nd 2013
Hi all,

I have a query regarding my H1 (in 6th year) which is expiring in March 2014.

Came to US: March 2008
6 year ending: March 2014
Never been outside US in H1 period.

I found a consultant who is ready to apply my GC and started the process. My labor will be filed around Jul-1-2013.
But my H1 cannot be extended after March 2014. This consultant has suggested me to go on H4 (my husband is on H1 which is valid till another 3 years) for 6 months after GC filing. And come back on H1 and recouping whatever my leftover time on H1. After finishing my H1, they can apply for extension.

SO, what I am trying to do is:
(just for number sake)
Labor file date: Jul-1-2013
Change of status (from H1 to H4 for 6 months): Aug-1-2013 (8 months still left on H1 at this time)
Change of status (from H4 to H1): Feb-1-2014 (This should atleast get me 8 months i.e. 30-Sep-2014)

Now, my question is: After 30-Sep-2014 can I extend my H1 on the basis of my Labor File date of Jul-1-2013?

Any help would be really appreciated!

Thanks.

F1 Visa Stamping Canada

Apr 22nd 2013
I am an Indian citizen married to another Indian citizen who also holds a US Green Card. I already had a B-2 tourist visa before marriage, and used that to enter US after I got married. While in the US, I applied for a COS to F-1 which was approved, and have maintained full-time student status for the past 1 year.

I was planning on visiting my family in Canada in May/June when I have summer vacation in college. Since I do not have an F-1 stamp on my passport, I understand that I would need to go to US Embassy/Consulate to get the F-1 visa.

My questions for you are-

1. Is there any risk of my F-1 visa being denied since I am married to a Green Card holder and thus would potentially have Immigration intent? My husband has not applied my I-130 since we are waiting till he becomes a US Citizen.
2. Is it better to go to India or Canada to get the F-1 stamping?

Thank You!

wait time after priority date is current to get interview date

Apr 22nd 2013
Does anyone know how long one has to wait after priority date has become current to hear from NVC on interview date?

I am GC holder, my wife's priority date is current, AOS and IV applications have been reviewed and accepted as complete by NVC. Her case is going to go to New Delhi, India consulate.

Thanks.

Specific Question About My I-131 Application

Apr 22nd 2013
Hello, forum users. My question is:

Is an I-485 status of hold because of a requirement of more evidence able to hold a I-131 to be produced? Even if there is an appointment for biometrics confirmed?

OPT status need to get GC via marriage

Apr 22nd 2013
Hi Members,
I came to US on F1 student visa. Currently I am working on OPT extension as an full time employ.
My OPT will expire on Nov 2013. I am going to marry my GF who is a US citizen. Now my question is how late can I file for GC so that I can continue working without any problems. Also what is the pricess involved to do so. Please assist me!

Vaccinations needed for Medical Clearance

Apr 22nd 2013
Dear Folks,

Can someone please advise what all vaccination records are required for medical clearance in order to file for Green Card?

April 2013 Asylum Applicants

Apr 22nd 2013
Hi. If you applied, or would apply for asylum on April 2013, join this thread to help each other.
I sent my package on April 17, to Nebraska service center, used usps priority post with track number. My application delivered 20th April, as usps website says. I'm not sure what will be the next; Delivery notice from uscis or finger print date. What about you?

Question about Affidavit of Support when filing GC for Spouse

Apr 22nd 2013
When we file GC for spouse who is already in the United States, is it possible to not to support them for Financial Part?
I mean on the affidavit of support, what is the option that we can show where they can self support themselves based on their assets, job etc.?

Doing AOS thru fmaily(marriage based), wife wants divorce, although it has not been two years

Apr 22nd 2013
I already have cond GC that expires 02/2014.was previously on F1,and then DV petition that got denied bc visas ran out.I have no problem with divorce.I am willing to leave US voluntarily, just not at the moment,I just need to know if I will have to play cat and mouse with ICE and how long I have until they come knocking on my door/job.anyone with any experience please reply.Thanks.

Immigration fraud report

Apr 22nd 2013
Hi All,

A friend of mine needs some help for reporting immigration fraud. Is there some specific phone number or email address where someone can file immigration fraud & make sure the report gets proper attention.

Thanks

NOS not being updated on DOS website

Apr 22nd 2013
I mailed in the DS3035 on March 18th( showed delivered via tracking on March 20th). The Indian embassy in Washington mailed in my final waiver certificate on March 22. While the other documents started showing as received on April 8, my no objection statement is not seen as received. My friend who started the process with me and whose NOS was sent by Washington on March 29, can see the NOS on the DOS website already.
Any thoughts on what might be going on guys?

GC for parents (on another state)

Apr 22nd 2013
Hello to all! this is my very first post here :) lots of great information here. I'm not sure if this question has been answered before but i'm currently a US citizen applying for a GC for both of my parents that are already in the US. Thing is I live in DENVER and they live in Georgia...if I apply for them will I have to travel over there for the interview?? or will they have to come here?? also..I have read that if they are not married it makes a difference, what if they got married in their native country? does it count? Thank you so much !!
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