fs2439
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Posts posted by fs2439
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6 hours ago, jpy0319 said:
The tourist visa?
Yes. It was an exception due to covid. Maybe they are still doing it
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7 hours ago, jpy0319 said:
Hi
My wife's petition for AOS is probably gonna get denied because we got NOID today and it is because of an issue of the petitioner with the USCIS.
As a background, I worked H1b medtech for 5 years and while my wife was here(H4) she applied for a nursing petition from a company which we would later find out had issues with USCIS. Because she applied it was common sense to cancel my greencard application because I would have paid double the fees plus my employer sold the laboratory to another company which complicated things.
As soon as we found out the my wife's petitioner had issues, we found another employer willing to 'port' the petition and we did submit AC21 on our interview day. That didn't work, as we already have suspecte, because on the interview day the officer said she didn't have my wife's I140 application.
My wife is 7 months pregnant with a low lying placenta and it worries me that the travel going back to our country would have an effect on her pregnancy. Also, COVID.
Is there any humanitarian rule we can use to request the USCIS to give us a little time before they enforce the denial? Can we send a letter of explanation?
This baby has been a long time coming for us. We are just genuinely scared about our baby's safety and nothing else.
I think you can exceptionally apply for a b Visa in your situation
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On 7/10/2020 at 8:51 PM, IJJ said:
We were consulting with a lawyer (without company sponsorship) between filing an EB-1 or EB-2 NIW. Our lawyer suggested EB-2 NIW. Reason being that it is easier to get through than EB-1. My husband has a PhD (from a US University) and won some prizes but his amount of publications was not impressive (<15). The lawyer said we could go for it but it is a safer bet for EB-2 NIW. We took 3-5 months to prepare all the documents with the help of the lawyer and got all references. Started in late Oct 2018 and filed I-140 on Feb 2019. I-140 was approved in Sept 2019 and we proceed to file I-485 in Oct 2019. We just got our I-485 approved. No RFE and no interview for us.
There are some lawyers who give you free consultations to tell you what they prefer. No obligation at all. We spoke to 2 before we decided on EB-2 NIW and who to use. I suggest you contact them for some ideas. If you need contact/recommendations, let me know. Our lawyer package for I-140 was "Approved or refund".
Sounds great! I applied concurrently in February but everything is backlogged
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On 5/25/2020 at 8:30 AM, Mazza said:
Yes, EB1 A
Congratulations!
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5 hours ago, wagecuck3 said:
There's no "bouncing back". Filing an I-485 doesn't alter your status while it's pending or if it's denied. Your original status continues, and expires whenever it expires.
The problem is that after filing an I-485, you won't be able to file to change or extend nonimmigrant status in most cases - unless you're changing to, or extending H-1, H-4, L, or K status.
I can clarify. I am working full time on an O1. I filed NIW in February. Processing times are extremely delayed. I will be in maternity leave until December. After maternity leave, I wanted to work part time, instead of full time. So I would need to amend the O1 or go on EAD/AP (which I already possess). I'm wondering if applying for the amendment would work - first of all because O1 is a bit undefined in terms of being dual intent or not - but also because processing times are so slow these days. The new O1 is just a precaution, in the case that the I140 gets denied. I was wondering: if I go on EAD and I140 is denied, can I still fall back on the O1, assuming it's approved? Thank you
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4 minutes ago, pablo2752 said:
Thats what happens,given that you haven't done anything that violates your visa term.
What if you're in the process of applying for an extension/ammendment of underlying Visa status?
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19 hours ago, pablo2752 said:
You can do pretty much anything that is not illegal while you are AOS, but I would not do it. In case your AOS is denied you need to bounce back to your status, and studying would be a violation to your B1 terms.
Can you bounce back to your original status if I485 gets denied?
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12 hours ago, James120383 said:
NIW is a broad category. Waiver from EO is only for those that work on Corona Virus like Physicians or researchers etc. NIW broad category still comes under EB2 which is still banned
I dont know you, but I trust my lawyer over your opinions
All the best
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14 hours ago, SusieQQQ said:
All employment based immigrant visas except EB5 are banned under the April 22 proclamation (extended to year end under the June 22 proclamation).
To be precise, all immigrant visas other than those specifically exempted are banned. This is the list of exemptions:any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
Adjustment of status is allowed in all categories - that may be what you are thinking of, but OP needs a visa.
Niw (national interest waiver) falls into exception ix according to multiple lawyers. I know people going through consular processing who filed for niw
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Niw is not affected by the ban. I would imagine eb1a isn't either. There are e1/e2 visas for several treaty countries, not just Australia. I am not sure if e visas are affected by the ban. I would recommend working with a lawyer for niw or eb2. I used klasko. They are expensive but generally effective.
Also, I too have a us citizen partner. I didnt feel comfortable rushing marriage for the Visa. It was the right decision for me and gives me a lot of independence. My professional life can remain separate from my romantic life. Good luck to you on this journey!
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1 hour ago, wulffman89 said:
No RFE, correct. My lawyer used most of the former file and added some new documentation and proof to complete it. She charged me a flat fee (which is really not as bad as I hear in some other cases) and has been extremely helpful throughout the entire process. I hope you still have your old files, as it saves you so much time!
Yrs, I have everything. Congratulations again! I filed an i140 though, so not sure what the lawyer will suggest as o1 is not fully immigrant intent. We'll see. Its encouraging that your o1 got approved in late june/early July! I was under the impression that everything was halted due to the probable furloughs. Congratulations and happy holiday
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On 6/30/2020 at 4:11 PM, wulffman89 said:
Thank you all - just for anyone who's interested to hear: my visa got approved! They are still processing O-1's today 🙂
Congratulations! No rfe? Did you just file the same petition as your original o1? Did the lawyer charge a reasonable percentage of the value of the original petition? I might need yo do the same thing as you soon.
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On 6/27/2020 at 2:16 AM, j1_nocwaiver said:
I have a 212(e) and I am applying for the o1 visa. At this point, as no embassy is processing visa, can I do the adjustment within the US even if I have the 2 years rule. Currently, I am working on J1 visa.
Let us know how you solved this. Thank you
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On 6/24/2020 at 9:14 PM, JeanneAdil said:
If processing slows down for any reason, it would be that USCIS announced a furlough of 70% of its work force
and this would not be because less visa applications but because of the new budget
the following information is from https://www.uscis.gov/about-us/budget-planning-and-performance
The FY 2021 President’s Budget includes $118.7M in discretionary budget authority for the U.S. Citizenship and Immigration Services (USCIS). This funding level represents a reduction of $13.7M below the FY 2020 Enacted Budget.
As far as I know, the budgetary "cut" is due to less applications, given that uscis is funded by application fees, not the us government.
Anyone have a different understanding than me?
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14 hours ago, filmjourno said:
I received an RFE today
Feeling a bit worried. Do you know if the RFE is emailed or faxed to lawyers under premium processing, or is it physically mailed? And how many days does it take for the lawyers to receive it? Thanks so much.
If I remember correctly it's emailed.
Did you apply with pp or upgrade after some time? I had my own lawyer and he recommended upgrade to avoid them running out of time and just issuing an rfe to buy time, but my employer disagreed and what the lawyer said would appear to have happened in my case. We just resent stuff as a response to the rfe and got a new letter and then got the approval. I'm hoping your rfe is a similarly simple one.
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11 hours ago, filmjourno said:
Thank you for your response. So I guess anything can happen... just have to wait & watch.
Yes
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9 hours ago, filmjourno said:
Hi all, I applied for a Change of Status to an O1B visa on May 29th, and upgraded to Premium Processing on June 11. (June 11 is the "received" date in the email notification my lawyer received, and the case status website says June 12 is the day my 15-day clock started).
It's now been 12 days and still don't have an update on my case — it says "Case Received and Receipt Notice Emailed" on the USCIS website. I'm hearing that people who have applied for H1B and other visas are getting approved within 4-5 days of filing for premium processing. Do I have any reason to be worried? Does the longer wait time indicate a possible RFE or denial? If anyone else has experiences with PP (especially with O visa) and can share their timelines, that would be great.
Thanks so much!
Mine received rfe on day 15, then was approved on day 15
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I wonder what happened to the 1000 workers in Kansas City.
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Thanks! I had read this at some point but couldn't find it again and didn't remember supplement A. 👍❤🌷
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6 hours ago, SusieQQQ said:
What is your source for this, if it’s possible to be done with DV too it will almost certainly be in the same part of the policy manual. So that’s where to look. I certainly know that for our green cards our DV ran in parallel to our existing family petition, but we didn’t AOS.
Here is an example: https://www.murthy.com/2013/07/26/interfiling-new-immigrant-petition-into-pending-i-485-case-part-1-of-2/ there seems to be no set requirements
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26 minutes ago, SusieQQQ said:
What is your source for this, if it’s possible to be done with DV too it will almost certainly be in the same part of the policy manual. So that’s where to look. I certainly know that for our green cards our DV ran in parallel to our existing family petition, but we didn’t AOS.
I can't remember where I read it. Probably on the USCIS website. It was a list of possible reasons why someone my port their I485. I will do the research if and when selected. Thanks again
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Per Brazilian media, GC holders are not affected. I was wondering about those on AP. Any ideas based on previous bans from Europe, China, etc?
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48 minutes ago, SusieQQQ said:
Many FOs have longer than a year normal processing time for AOS. That just won’t (can’t) happen with DV. Depending when they submit some people get through DV AOS in less than 2 months. Different FOs approach DV AOS in different ways (there are so few of them, 1000-1500 annually across the entire US), some of the FOs process as they receive them but some FOs batch them so people submitting earlier in the FY at those FOs take longer than those who submit later. Regardless, the hard deadline means that mostly DV gets priority over other cases.
As above, you can’t transfer it, you can file a parallel AOS if you get selected. Bear in mind you can only file DV AOS when your number is current (well, about 6 weeks before technically) so there’s also that wait. IF you get selected.
Interesting. You can transfer between employment cases, and I'm pretty sure you can transfer from employment to family... anyway, thank you!
O1 visa and can’t get back to the states
in Work Visas
Posted
Yes it is.
He still hasn't flown in?