1. I came to usa nov 2009 after getting married to my husband. He is on H1b visa and he filled labor under EB2 category in sep 3, 2008.
2. now EB2 dates move to jan 2009. his priority date is also current. but he was not filling I-485 for me. he is applying himself.
i asked him " you also apply for me". he said No i don't want to apply for you, we will go india permanently by next month that is september. But iam scared to go india because he was thinking about divorce.
Anyone can please help me how will i proceed. iam staying in usa right now but he didn't mention iam here when he was filing I-485. what will i do legally.
This is to share our experience with obtaining our green card. We landed in the US on an L1 visa last summer, and applied for our green card in Feb this year in the EB1 (managers and executives) category, simultaneous with the I-485 adjustment of status application. This application was done through a reputed immigration law firm, and it was apparent from a reading of the application/petition that they did a very professional job.
Much to our pleasant surprise, we received our I-140 approval and I-485 welcome notification in April, just a little over 2 months after we applied. The following week, we received our green cards by mail.
I am sharing our experience just so you know the (positive) extreme end of the spectrum.
I got a lot of help from this site, so I decided to help others....
the visa was for 3 of our family, me, my mother and father.
my wife had no passport yet, so we did not apply for her visa
my sister is in USA as she is married since 1 year.
I read a lot of pages in this site and prepared all the documents for 2 weeks daily 2 hours!
I bought transparent files and folders, and stickers, i kept all Original certificates in the folders and applied the stickers mentioning what certificate is of Job, Education, Work, Property, Income tax, Marriage certificate.
The same was done for my parents files too, so we had bulky 3 files with us, they looked really neat and clean, it took a lot of effort to make those files, I mean that in my life i had not worked so intense on something
Then came the interview time, well I must say that there are 2 centers, the first one is on first day at OFC at which your finger prints and a photo from their webcam will be taken on the first day. there is no need of 2x2 physical or digital photos to be carried at all, so do not go to photographer for it
the OFC was the most hectic as there was a mistake in my DS 160 form, It was a common mistake, so I am mentioning it here, its that in the passport the GIVEN NAME: VIVEK KRISHNAJI is having my and fathers name, while surname is ok
in DS 160 i should had put GIVEN NAME as mine and fathers, but i kept only VIVEK and surname was ok
so always check the name in passport and ds 160
the guard lady at OFC told me to do the changes at a cyber cafe in the DS 160 form and then resubmit it (you need to go to the DS 160 form page and retrieve your application, it will ask you to fill new form, then click ok, then it will fill the most of the form automatically for you, rest of some fields you must fill up manually and then submit it, take new print out of the confirmation page and throw away the old confirmation page) tell the lady about the changes, she will put another bar code on your passport and will send you to OFC
the most of my time went in finding the cyber cafe, i went 15 kms all the bandra kurla complex but there is no cafe, i found 1 cafe somewhere and got the print, later on my father and mother who were standing in scorching sun heat on the road told me that the cafe was behind the ofc within 10 feets. But the OFC guards did not help me well about it.
anyways the OFC was done and the second day at the american consulate was again in scorching sun heat, at that time i felt as if we are beggars and are asking for some money to american people by standing in line. There is NO locker system at all for tourist visa applicants, for other visa applicants there is locker system.
I was lucky that i brought car, I kept mobile purse and the cars digital locking keychain in the car, I kept only the car keys with me. Then I was allowed to enter the consulate after 30 minutes of sun heat, also all the line was treated as if we had done some crime, they were instructing us to stand here, then sit there, then move here, then stand here again move there, oh my god!
Then the entrance to the fully Air conditioned and secure consulate came, we went inside and after more lines we were taken for interview, I selected marathi as interview language as my mom cant understand the way the americans speek english. So the interview started, the consulate lady was the youngest lady interviewer, she saw me from top to bottom and then started reading the DS 160 form and told us 3 to come in front of the window, then....
Question: in marathi the interpreter asked why do you want to go to usa
it was asked to father
Father: to visit daughter and son in law (maybe he forgot to tell them tourist places, i dont recall that)
Question to father: How many years since your daughter is in usa
Answer: (wrongly father told son in law's usa years) 6 years
Answer by mom: 1 year of daughter, son in law 6 years
Question to father: where do you work?
Question again: Where?
Answer: the answered the full form very fast
Question again: Which corporation?
Answer: finance corporation
(this all the consulate did not like much, as they never like the very short answers)
then she asked me
Question to me: Where do you work?
Answer: I do business........ a big pause then i remembered that on immihelp they have said that do not answer very short, always answer the most, but not too lengthy.....so i told them i do website designing business. She was typing something on her pc, I know it that she is typing the reason for my disapproval, so i Spoke that i was a government employee in Industrial training institute before this.
Answer by father: wife is LIC agent
then the the interviewer said : Visa for all of you are approved, you will get them in 4 days
we said thank you, and moved on!.... I had told my parents not to thank them a lot, as the process was hectic for us all, and just 1 min before a couple said so many thank you to the american interviewers and also the couple hugged each other and their eyes were wet. I thought what? why so much? it was too much by that couple....
Always keep in mind that if you are tourist then never be in tension, as we Indians give ON ARRIVAL visa for the USA tourists, so the USA tourists should also do the same to us, but they DO NOT!, and they take the visa fee $160 dollars from us even if the visa is rejected, while we take fee from USA tourists only if we grant them visa.
we came out of the consulate as no one was telling what is next step and if we will get the passports with the visa stamping by courier or we have to wait. no one said nothing at all except for the security guard who said to call the call center which is closed on weekends
then we came home, a bit rude experience, I think the USA people should put some tenement for the huge Indians line in the scorching sun heat, and put some umbrellas at the OFC too, because by my calculation they are making a $160 per person and daily atleast 1500 people visit them, so it is 1.5 crore INR or a quarter million USD per day, and they are not even providing water or shades!
This made me a bit less enthusiastic of the USA tour now, my father says I wont be coming to USA.....you and your mom can go ahead....
EB1b Premium processing receipt notice not received,checks not cashed
My employer filed for EB1b for me through company lawyer during last week (1/23).I opted for PP and the application was correctly sent to PP address at Nebraska center.
However, till date (1/30) neither my lawyer nor me have received the Receipt notice I-797.Is it normal ?
There doesn't appear to be any mistake on the I-140 or in the supporting documents send.We checked with the Fedex and the parcel was properly delivered on 1/24.So doubt there.Also, the USCIS checks are not yet cashed, so this is making me really nervous what is happening.My lawyer called the USCIS and they reply they can not see the application in system.However at least the I-797 should have come by now.
Can anyone help ?
Could you please help me with the contact of an attorney? My NIW case has been approved very recently. I need to file
my I-485 for myself and my family, but I do not want to use my previous attorney as I have had very unpleasant
experience with him. Could anyone please help me locate a trustworthy attorney to work with.
Thank so much and good luck to your cases as well
P.S. my contact email is [email protected]
This is an important information who have interview letters. If you are from India/China there, according to my lawyer, there is going to be some delay in visa approval. Your I 140 would have been approved, you would have got interview date letter also. But my attorney says they will keep this under process and visa will be approved only after numbers are available. This is a major goof up on the part US immigration officials. I believe same mistake happened in the year 2007.
See notification below:
Late-Breaking News: DOS Confirms Lack of Enough EB2 India / China Visa Numbers
The Department of State (DOS) provided the Murthy Law Firm with confirmation today that, effective March 23, 2012, the EB2 cutoff date has been retrogressed internally to August 15, 2007. This means that the USCIS will not be able to approve further EB2 I-485 cases with priority dates that fall on or after August 15, 2007 at this time. Theses cases can be processed, but not approved, without visa numbers available.
Filing in April Expected to Continue
The April Visa Bulletin reflects an EB2 cutoff date of May 1, 2010. This cutoff date applies to I-485 application filings. Based upon the events of the summer of 2007, when the DOS unsuccessfully attempted to modify the Visa Bulletin after issuance, it is our current understanding that cases will be accepted for filing under the April Visa Bulletin. What has changed is that there are simply not enough visa numbers left to allow for the approval of EB2 India / China cases with priority dates that are on or after August 15, 2007. Thus, EB2 I-485 cases, which have been filed or which will be filed in April 2012, will have to wait for approval until additional visa numbers become available. We will continue to provide information on this key issue for MurthyDotCom and MurthyBulletin readers.
Copyright (c) 2012, MURTHY LAW FIRM. All Rights Reserved
This was an employment based green card, thus, prior to the following applications, it took about 10 months to complete the PERM.
8/16/2011 I-140 submitted with premium processing
8/26/2011 I-140 Approved
9/15/2011 I-485, I-130, I-765 were submitted together
9/16/2011 USCIS Case Status on-line showed they have received I-485, I-130, I-765
11/9/2011 RFE Notice came by e-mail and USCIS Case Status on-line On November 9, 2011, we mailed a notice requesting additional evidence or information . It refers to see details in letters arriving soon
11/12/2011 Biometrics Notice came
11/16/2011 Biometrics taken
11/18/2011 RFE Letters dated Nov 10, 2011 arrived for I-130 and I-765: Photos provided were used before and requested to take new photos. Without knowing, the same photo was used for H1B recap/extension.
11/21/2011 New Photos were submitted for RFTs of I-130 and I-765
11/28/2011 E-mail came and USCIS Case Status on-line was updated to I-131 APPLICATION FOR USCIS TRAVEL DOCUMENT was approved. I-765, APPLICATION FOR EMPLOYMENT AUTHORIZATION - Your Case Status: Card/ Document Production. Please allow 30 days for your card to be mailed to you.
12/2/2011 EAD Combo Card which permits to work and travel overseas, arrived by mail.
12/28/2011 E-mail came and USCIS Case Status on-line was updated to I-485 Your Case Status: Card/ Document Production. Please allow 30 days for your card to be mailed to you.
12/31/2011 Approval Notice came by mail
1/3/2012 A Plastic Green Card and Welcome letter came by mail
Finaly I got it. Thank you! Thank you! Thank you!
hello! my husband was petitioned by his mother way back 1996 as 1st preference FB(unmarried son) then he came here in america as an H4 thru my H1b. We received notice from NVC that it is time to process the said petition but we are confused because he is now married. Could we stll use the petition from his mother and with the same priority date? Is it true that he will be categorized automatically as 3rd preference( married son)or be given another priority date after informing the USCIS.
my name is pratik patel and i m asking all the guys who has the knowlage of that part os my question cause this the question of my friend status....
My friend name is viral and he is working in the xxxx company , the usa base of the h1-b visa he applied for the green card and in that first process he apporved the labor .but he applied the labour as a process engi and he got the labour as a chemical engin now ha got a question hw want to applied the i 1 40, but he is confuse on which post he has to appiy process engi or chemical engi... phone no is 734 658 4650 please.... help him .... and he sont have much time
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