Adjustment of Status

EAD and H-1 Conversions for Derivatives

I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days. I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010. I intend to remain on H1 itself and have no intentions of using my EAD. Can you please clarify these questions.

Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.

Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Gap in Employment during AOS

My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:

Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.

Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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AOS Denial – Consequences for H-1

Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Seattle DO AOS Interview Experience

Name: 
froddan
Country: 
United States

I went for my interview, which went well. No surprises with a nice officer.
The common, have you ever questions...no no no no!
We were asked about the spouse's siblings,our honeymoon, when and how we met, how long we'd been dating before marriage, but nothing tricky.
Quite easy I would say.

The officer checked Id's, last taxreturn with W-2s, updated address (because we moved), marriage cert.

Tampa AOS interviews

Name: 
CanadianGrl
Country: 
United States

Alright,  first off thank you to everyone that helped me out with what to bring!
We showed up with about 30 pounds of paperwork, photos, tax returns, wedding albums, cards.

Our appointment was at 1 pm, we arrived around 12:15. We got in the lineup, and waited. and waited and waited. (got a little warm considering it is still in the high 80s, 90s) At about 12:55 they let us in along with a swarm of other people coming in for the same thing (and some naturalization cases) We signed in, and waited right up at the door to be called.

I-1551 Stamping

Name: 
myopinion
Country: 
United States

As I got my approval/551 stamp this week, I thought it would be best to share some experience to help others; This may be applicable in Texas and
Atlanta, so read with caution and use accordingly.

Texas SC
485 rcpt date 2/2002
FP done 4/2003
Approved 5/2004

My online status never changed, except when approved (No change during FP etc). This may help some who are worried like me when online status never changed.

Guestbook Entry for Venu Yeluripati, United States

Name: 
Venu Yeluripati
State: 
Texas
Country: 
United States
Comment: 

We had reached out to Rajiv S Khanna's law offices on a recommendation from a friend to help us with filing a green card for our parents. From the initial conversation till after the GC approval, their offices have been extremely informative, responsive and professional. They went out of their way in making us comfortable, patiently responded to all our queries and guided us through the entire process. We are happy to say that the GC card was approved in the first go with no issues and thanks largely to the excellent up front preparation of the case/documentation. We would gladly recommend their services to anyone looking for immigration help. Heather Riddick, who helped us through the entire process was excellent to work with. Thanks again to Rajiv S Khanna and team for successfully guiding us through this process.

Naturalization Issues - Stay Outside for Medical Reasons

My parents are getting ready to file their N400 naturalization application online soon. Here is their situation : They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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