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mantou

H1B Transfer Denied and Getting Married

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Hi guys, 

 

My situation here:

-Entered US with F1, after graduation H1B for 3 years for my former employer (a big consulting firm), H1B extension was approved until 2021 before I transferred to my current firm

-Left my former company on 8/10/2018 and started a new job in another consulting firm on 8/13/2018 (started working only after the receipt from USCIS was received)

-H1B transfer received RFE and then  was DENIED on 11/6 and the lawyer received the mail denial notice on 11/16, former company has submitted revoke

-My gf (USC) and I decided to get married on 11/24, I plan to wait until 

 

My current firm told me they would make sure to do right by me (refile, appeal, may have me work in another office outside of US). But I don't really trust their contracted law firm as they were not very professional and very unresponsive during the H1B transfer process. 

 

I have hired my own lawyer and planning to file the GC application on 11/26 right after we get the marriage license. I have read a lot online and people submit a lot of evidence for a bona fide marriage. However, my lawyer told me that when we submit the adjustment of status package we do not need to provide joint documents. We will provide those for our interview in the future. We only need to establish that I qualify for submission and adjudication of your application.  As such, we only need to include documents to establish I 1) entered the U.S. lawfully; 2) my gf is a U.S. Citizen; 3) the 2 of us are now legally married; 4) that I will not be a financial burden to the U.S. Govt. My lawyer said there's no need to include pictures and trips we took together for the filing.

 

My questions:

-Does anyone have the same experience with me? USCIS is still reviewing the revoke application online so I guess i will have a 60 day grace period? 

-Should I still have my current firm refile my H1B? Can I stay in the country while they refile? Not sure which way is faster compared to getting an EAD thru GC

-Should I file whatever bona fide evidence I have for GC? (e.g., utility bills under same address, joint checking account (opened yesterday), joint car insurance and etc)

 

Thanks so much!

Edited by mantou
update

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15 minutes ago, mantou said:

-Should I file whatever bona fide evidence I have for GC? (e.g., utility bills under same address, joint checking account (opened yesterday), joint car insurance and etc)

 

I don't think you should file any bona fide evidence when you submit the application. But you should bring them to your interview. 

 

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Why it was denied may or may not be relevant.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you were denied because your occupation did not meet the requirements then this would not be an issue for a family based petition.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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~~~Duplicate thread removed; do not start multiple threads with identical content.~~~


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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3 minutes ago, Ryan H said:

~~~Duplicate thread removed; do not start multiple threads with identical content.~~~

Thanks Ryan...I just thought I posted in the wrong section so I posted it again. How can I move this post to Adjustment of Status from Work, Student, & Tourist Visas?

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12 minutes ago, mantou said:

How can I move this post to Adjustment of Status from Work, Student, & Tourist Visas?

 

**You can't, but I can and just did so.**


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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10 hours ago, mantou said:

I have hired my own lawyer and planning to file the GC application on 11/26 right after we get the marriage license. I have read a lot online and people submit a lot of evidence for a bona fide marriage. However, my lawyer told me that when we submit the adjustment of status package we do not need to provide joint documents. We will provide those for our interview in the future. We only need to establish that I qualify for submission and adjudication of your application.  As such, we only need to include documents to establish I 1) entered the U.S. lawfully; 2) my gf is a U.S. Citizen; 3) the 2 of us are now legally married; 4) that I will not be a financial burden to the U.S. Govt. My lawyer said there's no need to include pictures and trips we took together for the filing.

I'd disagree. Why not submit evidence with the petition? I've seen lawyers suggest this a number of times and have yet to hear a good reason why.

Put the best foot forward IMO.

 

10 hours ago, mantou said:

-Should I still have my current firm refile my H1B? Can I stay in the country while they refile? Not sure which way is faster compared to getting an EAD thru GC

The EAD will likely take the same amount of time either way.

Filing the I-485 will grant authorized stay while the case is pending.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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20 hours ago, mantou said:

However, my lawyer told me that when we submit the adjustment of status package we do not need to provide joint documents.

We had my wife'sinterview about a month ago. We submitted a good amount of evidence with our application and took updated to those to our interview. 

The officer had already reviewed our file with the evidence and asked us if we had any updated on what we submitted. We gave her a few updated and the interview went really smoothly. 

In the end of the interview she commented on how we made it really easy for her to make the approval decision because of all the evidence ( and organisation) we submitted with our application. 


I really don't see the point of NOT sending the evidence if you have it. Just my 2 cents. 

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We just put our AOS package together and it’s to be sent today. We put loads of bonafides, pictures in there. Our lawyer said it looked so impressive to have all that in there as he said many don’t join as much in 90 days. We will start building more for our interview. I feel in this immigration era there’s more to prove. 

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57 minutes ago, AtlToBlr said:

We had my wife'sinterview about a month ago. We submitted a good amount of evidence with our application and took updated to those to our interview. 

The officer had already reviewed our file with the evidence and asked us if we had any updated on what we submitted. We gave her a few updated and the interview went really smoothly. 

In the end of the interview she commented on how we made it really easy for her to make the approval decision because of all the evidence ( and organisation) we submitted with our application. 


I really don't see the point of NOT sending the evidence if you have it. Just my 2 cents. 

We did the same and our IO said she reviewed the case beforehand. In and out with an approval in 5 min, of which 2 min was me asking questions. We had more more evidence to present but she didn't want to even bother with it as she already recommended approval. :)


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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57 minutes ago, geowrian said:

We did the same and our IO said she reviewed the case beforehand. In and out with an approval in 5 min, of which 2 min was me asking questions. We had more more evidence to present but she didn't want to even bother with it as she already recommended approval. :)

Exactly, we had a feeling that she had already decided to approve us before we ever saw her. That was pretty much confirmed by her comments. 

 

And LOL, ours was the same way, we were asking away wondering how this interview is getting over so quick lol. Honestly, she asked for updates to the docs but didnt even look at anything we gave her. The whole thing took 5 minutes. 

 

OP, you should definitely submit evidence if you have it. If you dont, then you can wait till the interview to collect. 

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1 hour ago, jakejon said:

We just put our AOS package together and it’s to be sent today. We put loads of bonafides, pictures in there. Our lawyer said it looked so impressive to have all that in there as he said many don’t join as much in 90 days. We will start building more for our interview. I feel in this immigration era there’s more to prove. 

Best of luck! 

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1 hour ago, geowrian said:

We did the same and our IO said she reviewed the case beforehand. In and out with an approval in 5 min, of which 2 min was me asking questions. We had more more evidence to present but she didn't want to even bother with it as she already recommended approval. :)

Agree - We front loaded every time we had to submit paperwork, with a 2 inch binder filled with evidence (bank statements, mortgage stuff, insurance, and tons of photos and travel proof).  When my husband went for his CR-1 interview at the embassy, it was 10 minutes talking about football teams and the weather.  No questions about us.   When we submitted my husband's ROC, we expected an interview but we never got one.  They suddenly just approved it.   Then again, low fraud country too.  

Edited by mtempelaar

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