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arrowK2's in the adjustment process.
October 27, 2014, 3:48 pm Last comment by Tina and Johan
Tina and Johan



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Do K2's have the same timeline as their K1?  I'm wondering if my stepson's EAD and AP will come at the same time as his father's.  Do expedites affect both people?  I've only been checking my husband's statuses.  Could K2's stuff be approved before K1's?

 



 
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arrowOptions After H1-B; For Stub Period of H1-B
October 26, 2014, 11:26 am Last comment by james.frankel
james.frankel

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I just moved home to Ireland after living in the U.S. for the last 7 years. I wish to identify my options for getting back to the U.S., as I miss it terribly and want to live there. 

My first year in the U.S. was in F1 student status while I obtained a masters. Right after my masters, I found a job at a company which I held until leaving the U.S. last month. In the first year of this job, I was on F1-OPT. For the next 5 years of the job (until it ended last month), I was on H1-B. There is still some time remaining on my H1-B visa -it is due to expire in September of next year (however, I was out of the U.S. for about 6 months during my time on H1-B -I believe this time outside the U.S. can be added to push out the expiry of my H1-B until Spring 2016). 

My question is: what is the best option for me in terms of getting back to the U.S. in legal status? (Obviously, I will need to find a job there...that is the main priority -but I want to know what to tell prospective employers when they ask about my visa situation)

In particular:

1. Now that I am back in Ireland, can I still transfer the stub of my H1-B to a new employer in the U.S., if I find one? 

2. Is there still time for a new employer to submit a green card application for me that will enable me to remain in the U.S. after the stub period of my H1-B expires but before the permanent residence application is approved? In other words, how much time do I have before I absolutely need to have a permanent residence application submitted on my behalf (obviously, its a big thing for a new employer to agree to right off the bat)? Also, do I need to get back ASAP, or if I am in Ireland for 8 months before I find a job back in the U.S., does that matter? In other words, does the stub period on my H1-B last forever?

3. Is there any advantage in remaining outside the U.S. for one year at this point? I know one can apply for a new 6-year H1-B after being out of the U. S. for 365 days -but I believe this to be a risk because it is subject to the H1-B visa cap? Also, as I just left the U.S. last month, I wonder if the 365 days have to have passed by the commencement date of the new H1-B (October 1) or by the date of filing the application for it (April 1). If it is the latter, doesn't that mean that I really need to be outside the U.S. for a year and 8 months -and can only apply in April 2016?

Separately, my mother is a U. S. citizen...but she has never lived or worked in the U.S. and is domiciled in Ireland. As I was not registered as a foreign born child of a U.S. citizen before my 18th birthday, I can no longer avail of the Child Citizenship Act as I had "aged out" before I knew I was entitled to it (my grandfather spend most of his life in the U.S. before moving to Ireland). Given that my mom is domiciled in Ireland, I don't believe she can make a permanent residence application for me -but I thought I should ask. 

I sincerely appreciate your time in considering my position. It would mean the world to me if I found a way back to the U.S. In looking for jobs, I would like to have a solid proposal to present to prospective employers as to how I might be able to be there in legal status. 

With thanks.



 
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arrowSome Insight Please
October 24, 2014, 9:06 am Last comment by Lorvin
Lorvin



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Congratulations to all the recent approvals and a heartfelt thank you for updating your timeline!

 

I would find it so helpful in my effort to make some sense of USCIS process if you would indicate if you asked for expedited service/review for a hardship situation or if you have someone (member of Congress for example) helping with your petition. In a process with vagary these recent approvals are somewhat worrisome for my because it undermines the little insight we have - processed in the order they are received.

 

Again congrats and best wishes for continued happiness! 



 
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arrowROC Procedures and steps?
October 24, 2014, 4:30 am Last comment by Mrs O.
realizment



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Hey guys,

 

Long time since I've been on here!  At one point I felt I could almost become an immigration attorney with all the knowledge I gained here.  But as I have not been on much I forget a lot of what I knew haha..

 

Anyways we had a lawyer do our K1 whom I am very happy with and would reccomend to anyone as I have had bad experiences with immigration attorneys in the past myself.  He mailed me to remind that its almost time for my ROC.  And as asked about starting the process for me.  But I feel we should be probably able to do this ourselves..

 

What are some of the do and donts for ROC and what are the must knows etc..  I believe we should file within 90 days of current GC expiration.. So we could pretty much mail it in 91 days before to be in good standing?

 

As for evidence we have the usual pictures, joint account, credit cards, lease and bills and I think im a dependent on the tax returns.  Does this suffice enough usually?  As for the section on criminal history, is this only relating to criminal activity since the date of mariage or receiving green card, or period?  It doesn't make sense to ask for all the stuff already submited prior to getting married & GC does it? 

 

As for the biometrics is this another round of biometrics different to the one done previously after marriage?  Is there usually an interview for the ROC process, we didnt have an interview initially.

 

Thanks in advance folks!



 
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arrowpersonal opinion please
October 23, 2014, 2:45 pm Last comment by Ana88
Ana88

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Hi VJ family,

So I am in the process of visa journey for myself and my son and recently received NOA2.

My sons father has granted permission for my son to leave since almost day one after the initial thoughts settled.

We have had several text and phone conversations about it all. I contacted him last week and he said nothing but yeah OK. Then yesterday when I sent a letter I received from lawyer to organise getting it legally documented as require by embassy for K2.

He agreed once again to sign to give permission BUT he now he is saying he would not sign until I sign a piece of paper from his lawyer (who came out of nowhere may I add) saying that if I die the child would be moved back home to him and that if child is unhappy he moves back home to father. He has no emotional relationship with child only has him a few hours a week, no over nights, he has no legally access or custody of child only legal guardianship ( which only allows him a say in education, religion, place of residence and health care).

I have no issue with the unhappy one, well I do but I told him that if we can word it as " that if child expresses emotional distress, after a 24 month grace period, mother and father will discuss and get child assessed by qualified child psychologist as an independent party, parent with child in there care will get a 4-6months rectify period and if still to no avail discussion on child's living arrangements will be had between mother and father" or something to that affect.

I don't want to put anything regarding me dying as if it is a year then yes I agree but if it is in 6 years time and he has brothers or sisters has lived 12 years with next to no relationship with father I don't want him ripped from it all.

Would these also be a conflict with what the visa is actually for, moving permanently to US.

Would they even be valid once we had moved and became USC's. It would in no way benefit my child considering there huge lack of relationship now.

Please help, all opinions or advice on the matter are welcome. We are hopefully only a week or so from NVC number etc and then I believe Dublin works pretty quick, I'm so scared now about what will become of all this.

Thanks you in advance


 
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