General Green Card

E-3 visa dual intent - applying for green card

I am an Indian born, Australian Citizen on a E3 visa. Does applying for a Green Card jeopardize my chances of getting E3 visa renewed in the future? My wife is on E3D visa and has EAD. She is working now and can her employer start GC process and will that jeopardize her E3D visa renewal and/or my E3 visa renewal? What is the best bet? Applying GC on my name or her name? Both are qualified educationally and both have jobs in the U.S

Applying for a green card should not be a problem for you or your wife. I always suggest filing two independent green cards where the option is available. This provides for a safety net if the process fails for one of the 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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I-140 Denied

My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?

You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.

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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Current USCIS procedures for PD transfer and AOS

Recenlty we submitted my NOID response for my 485. Today called USCIS customer service about my status of my 485.They said its PreAdjucated waiting for Visa number.But they mentioned I have 2 I-140s in my file 1.EB3 PD,2002 2.EB2 PD,2005. They said which date first current then that 140 will use. I am not sure about EB3 140( i don't have any info about this 140).B'cos i filed my 485 with Eb2 140.My case is Ac-21 .So i wasn't with both employers now. Is that above statement correct? Do i need to do anything now or just stay calm until either of EB category comes current? Please advice.

I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.

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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My mother got her green card

My mother got her green card in dec08. She left for Asia in March08 and plans to return in Nov08. Since it will be 8 months that she will be out of USA, does she need re-entry permit?

There is some error in your facts. It appears she left in March 2009 (NOT 2008). You cannot file a reentry permit while she is outside USA. If she is outside USA for more than one year, the GC is deemed abandoned. If it is out more than 6 months, but less than 1 year, she can be asked to demonstrate that her permanent home is in USA.

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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Green card

My green card got expired in nov 2007, I filled by mistake I-90, when I went for my biometrics, they saw that I filled the wrong application, I have to fill I 751, then I filled I 751, My rec number is EAC*********. I recently went through my biometrics again, in April 2009, but still, I do not have any proper response,when do you think i will get my GC?

In my view, failing to file an I-751 in a timely manner could cause serious problems. I think you should consult with a lawyer locally where you are.

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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Prevailing Wage - H-1 and GC

When is the employer bound to pay the prevailing wages as determined for an LCA and if the applicant is already working in the sponsored position. I have an H1B which was renewed recently, but my LCA was filed in March of 2008. Hence there were three wage determinations that were done for me - First one at the time of the initial H1B filing, second one at the time of the Labor for PERM and third one for the renewal. So at what dates does the prevailing wage come into effect as they happen to be different every time.

The employer is obliged to pay you the H-1 renewal wage now and the PERM wage after you get the GC approval.

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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DWI and Naturalization

I was stopped by a police once and received a traffic ticket.I paid the ticket in time but I was not aware that my license was suspended,since the suspension notice was sent to my old address which was never frwded back to me.I was stopped again few months later by police officer and he told me my license was suspended.I appeared in the court.I pleaded guilty,since I was driving w/out insurance.They dropped the "driving without a valid license" charge and fined me $100 for driving without insurance.BMV then suspended my license for 2nd time for 1 yr.Is this a problem filing N-40?

USCIS can question anything that has bearing upon good moral character.

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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Naturalization Information Sessions

Below is a list of upcoming naturalization information sessions for legal permanent residents and interested naturalization applicants. Topics covered at these FREE sessions will include:

  • naturalization eligibility requirements
  • the naturalization process
  • the naturalization test
  • rights and responsibilities of U.S. citizenship 
Team Notes: 
AILA Doc. No. 09102762
Green Card: 
Agency: 

Sponsoring Niece and Nephew

I am a US citizen. Can I sponsor my niece who is 8 years old and nephew who is 4?

It depends upon how we define the term "sponsor." If you mean can you apply for their green cards, the answer is no. If you mean can you provide an affidavit of support for them to visit or study in USA, the answer is yes.

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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Green Card holder parents bringing to US a child born outside USA

If the Child is born in India and we have the GC by that time, is there any way the child can travel to US?

Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;
b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)
c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child
d) the child is under the age of two years
e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called

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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