saimrathi
07-12 02:40 PM
Famous Indian americans...
1. Are they influential Indian Americans?
2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...
Thanks.
1. Are they influential Indian Americans?
2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...
Thanks.
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indianabacklog
12-04 08:56 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
glus
08-03 11:07 PM
go to: http://www.uscis.gov/pressroom
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
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softwareguy
07-05 12:14 PM
Pick your battles!!
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.
BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.
Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.
I do not know why is everyone facing "Attention Deficit Disorder".
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.
BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.
Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.
I do not know why is everyone facing "Attention Deficit Disorder".
more...
WeShallOvercome
12-13 01:59 AM
It depends on the terms of the contract.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
bestin
05-30 10:57 PM
Lets forget about Company B.I understand his question is whether he could join company A.
ok to answer your question
I would recommend you to goto www.allexperts.com.
Click "News/Issues"
under Government click "immigration issues"
In the window click immigration issues.
I would recommend Ajay Arora or Ramasamy.If they are online when you access post this question there.U will get a reply within 3 days.A clear solution.....
In my opinion I think you are okay to join company A subject to the following
1.Since when you left University.
2.Did u have an I94 attached with your company A approval notice?
Hope this helps.
ok to answer your question
I would recommend you to goto www.allexperts.com.
Click "News/Issues"
under Government click "immigration issues"
In the window click immigration issues.
I would recommend Ajay Arora or Ramasamy.If they are online when you access post this question there.U will get a reply within 3 days.A clear solution.....
In my opinion I think you are okay to join company A subject to the following
1.Since when you left University.
2.Did u have an I94 attached with your company A approval notice?
Hope this helps.
more...
Green.Tech
06-10 10:32 PM
Keep trying to motivate folks. Not every individual has the same motivation as others and that can be due to numerous reasons but I do request folks to wake up and look at the bigger picture. Make the most of this opportunity. If not instantly, may be in future, you will definitely see the benefits of the calls that you make and the money that you contribute.
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
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stuckinretro
09-04 10:52 AM
This is confusing. What is the source of this post?
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
more...
coolmanasip
07-19 10:54 AM
I would say talk to someone at H&R or alike........they will help you ammend it........this is crazy isn't it!! God knows what all we have to do to get a stupid GC!!!
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seekerofpeace
09-09 10:16 AM
Gimmegreen,
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
more...
siva008
02-24 12:38 PM
I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
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Junkie2007
10-09 05:51 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
These are not "IO"s. These are called Customer Service Rep who are not hooked into the IO system. Their main purpose is to satisfy the mandate of servicing the Customer phone calls. There is no explicit mention of quality of service in the mandate. So go figure.
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
These are not "IO"s. These are called Customer Service Rep who are not hooked into the IO system. Their main purpose is to satisfy the mandate of servicing the Customer phone calls. There is no explicit mention of quality of service in the mandate. So go figure.
more...
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razis123
12-27 11:37 AM
what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.
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aachoo
09-17 01:17 AM
Dude,
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
Passport and AP is all they asked me for both times I traveled. The first time I had both originals of my AP. However- I also had my 485 receipt, EAD, my H1B extension I-797, employment letter, paystubs- you name it in case. No one asked me a thing- but I was being cautious.
If you use AP- the I-94 expires 1 year from the date you enter. However- this is only the date they put on the I-94. It does not mean you are illegal after that. As long as you are an AOS applicant, your status is valid.
I am sure there is a Murthy article on this.
-a
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
Passport and AP is all they asked me for both times I traveled. The first time I had both originals of my AP. However- I also had my 485 receipt, EAD, my H1B extension I-797, employment letter, paystubs- you name it in case. No one asked me a thing- but I was being cautious.
If you use AP- the I-94 expires 1 year from the date you enter. However- this is only the date they put on the I-94. It does not mean you are illegal after that. As long as you are an AOS applicant, your status is valid.
I am sure there is a Murthy article on this.
-a
more...
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a.j.2048
01-14 07:52 PM
Here's one with an Indian connection collecting money for a Haitian NGO-
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Sewa USA | Service to humanity is service to God (http://www.sewausa.org/)
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kaisersose
10-29 09:00 AM
Your kid is eligible to apply for SSN and you can apply because SSN not only meant for work, it is also for tax purposes. FYI - If you are residing in California or Chicago, No restrictive text will be printed on SSN card. Hope this helps!
But the EAD is soley meant for work!
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
But the EAD is soley meant for work!
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
more...
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kriskris
08-22 02:47 PM
you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
Sukhwinder,
They are not accepting the receipt notices in Dallas. They don't even listen to you if you try to explain them. All they do is ask for I-94 and gives us a paper that contains what all documents can be accepted.
Thanks
Krishna
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
Sukhwinder,
They are not accepting the receipt notices in Dallas. They don't even listen to you if you try to explain them. All they do is ask for I-94 and gives us a paper that contains what all documents can be accepted.
Thanks
Krishna
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venetian
07-06 11:44 AM
Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.
Thanks.
Thanks.
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wa_Saiprasad
07-11 03:44 PM
This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
mlkedave
03-10 10:18 AM
alright guys it look like this battle is dead... should we close the thing and put it in completed battles or u guys want to keep it up a while longer?
dealsnet
02-26 10:31 AM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
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