General Green Card

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.

PERM Through Relative Owned or Controlled Company

Question details

Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?

The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.

Basic Criteria for Extraordinary Ability

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

Permanent Residence Status


Dear Readers,
My experience went really well perhaps due to changes in the immigration procedures meant to make some applications process faster so that one can go on with life while waiting to gain finally permanent residence status?

I applied for a permanent residence through marriage to a US citizen while in F-1 status. Please note that I applied after our two year anniversary so the conditional permanent resident status would not apply. Here is the time line for my application process:

Filing for Permanent Residency

I am originally from Maryland and I met my husband when I was attending college in Houston, TX. After I completed college, I moved back up to Maryland to spend time with my family and I also got a very good opportunity to work, in Washington D.C. My husband and I decided to get Married in February 2002, and I decided to move back to Houston so we could start our lives together. By the time I could wrap things up in Maryland and finally move to Houston it was August 2002.