Adjustment of Status

Quickest way to get a GC

I was a resident physician on the H1B visa.. Prior to completing residency, I got the EAD(my husband , a pharmacist had applied for a Green card through his company). That was in 2006 and we have since made no progress as the EB3 numbers are not current. I did not renew my H1B after the initial 3 years because I could work with the EAD. Would I get a GC faster if I start my own application or should we keep waiting? Can both of us have seperate applications without one affecting the other? Are we better off just waiting?

Generally speaking, where there is a choice, we always file multiple green card applications for spouses.

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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Pending I-485 and marraige

Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days), Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

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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K-1 Visa AOS

My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

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 and EAD

I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

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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Guestbook Entry for Dr. RP, United States

Name: 
Dr. RP
State: 
Texas
Country: 
United States
Comment: 
I want to thank Attorney Khanna and Attorney Sheena for outstanding service to resolve a complicated case with multiple filings involving more than one law firms. Attorney Sheena was extremely dedicated, absolutely quick in her responses and worked through the snow storm to get our issues resolved. It is always great to have an attorney who looks out for you and is approachable. I would definitely recommend them to anyone in the future who require immigration assistance. Regards. Dr. RP

DOS Updates – 02/10/2010

E Visa company registrations -  It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation. 
 

Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:

Agency: 
Profession/Occupation: 
Nonimmigrant Visas: 

Guestbook Entry for Nikhil Nihalani, United States

Name: 
Nikhil Nihalani
Profession/Occupation: 
State: 
GA
Country: 
United States
Comment: 

Work Done: J1 transfer, H1 and 485-finally approval of Green Card.I started working with Mr khanna's office for transferring my J1 waiver job from one state to another. His team has been extremely professional and helpful in the process. They have been helpful not only in transfer but also succesfully filing and getting my Green Card approved. I strongly recommend Rajiv's office to anyone with immigration issues. At every level I noticed special attention and exemplary professional standards that one seldom sees in todays world.I would like to thank all of your team members. Specifically Rena Waddell, Anna Baker, Heather Crump, Mark Riddick and of course Rajiv Khanna himself......
Once again Thank your such a wonderful teamwork and unique expertise provided by Rajiv in my case.
Regards...
Nik Nihalani MD.

Vaccination Requirements for Adjustment of Status for U.S. Permanent Residence: Technical Instructions for Civil Surgeons

HHS released new technical instructions for civil surgeons regarding vaccination requirements for adjustment of status for U.S. Permanent Residents.

Immigration Law : 

Questions and Answers: 2009 Update to the Tuberculosis Screening Required for Adjustment of Status

These Questions and Answers only provide information about the assessment by the civil surgeon to determine whether an applicant has been infected with TB and address the most recent updates to the Tuberculin (TB) Component of the Technical Instructions for the Medical Examination of Aliens in the United States.

Agency: 

Guestbook Entry for Svemir Brkic, United States

Name: 
Svemir Brkic
State: 
VA
Profession/Occupation: 
Country: 
United States
Homepage: 
http://www.thirdblessing.net/svemir/
Comment: 
Our green card applications just got approved - now waiting for the cards to arrive. This law office did a great job from beginning to end. Good luck!

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