fs2439

2 hours ago, Captain Ewok said:

Do these fit?

 

https://www.visajourney.com/forums/forum/141-work-visas/

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

When you read the posts in the adjustment of status forum you are referring to, you realize that it's mostly composed of posts by people who were on work visas and are undergoing marriage-based immigration.  Also, it of course does not include folks immigrating from abroad on employment-based visas.

I wish there were an I140 section in the website and/or an employment-based aos section. The way the website is designed, everything is mostly focused on family-based immigration, although there are also specific sections for the diversity Visa lottery, military-based immigration, and other less numerically frequent forms of immigration. The visajourney website also has a section for work nonimmigrant visas, but not one specifically for employment-based immigrant visas.

Hi dylan,

Search for uscis case status on Google and you will be directed to the correct page. There is also a uscis app (not operated by uscis, but it works) that allows to follow the status of up to 50 case numbers immediately following your own

Sorry I cant help you. I applied for the same green card, but dont yet have dependents and applied before the public charge rule went into effect. Good luck!!!

Ok, thank you

11 minutes ago, geowrian said:

There's 2 relevant naturalization requirements that trips abroad impact:

1) Physical presence

2) Continuous residency

 

For #1, this is a strict "are you considered within the US or not" for x days during the 3/5 year period.

 

For #2, this is more of a judgement call. Time over 12 months is a mandatory break (barring a rare exception). Time between 6-12 months is presumed to be a break. The IO makes a judgement call. With 11 months abroad, I would tend to expect that the presumption will hold except in unusual circumstances. The burden is on the applicant to show that they overcome that presumption of a break.

Once continuous residency is broken, the clock restarts upon the date of returning to the US.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

Edit: Trips < 6 months are still a judgement call...a single trip is likely fine, but multiple trips may result in a decision that it was broken.

Thank you, so if this happens in the third year, do you start counting from scratch, or would the time abroad be suspended? Thanks

2 minutes ago, Modelo said:

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens
 

I don’t see anywhere here that says the GC has to be marriage based as opposed to employment based in order to apply for naturalization after 3 years of being a LPR. 

Thanks, yeah, me neither. I think a lawyer I consulted gave me wrong information

In this case, is lag time needed to naturalize three or five years?

If you leave for 11 months, does the clock to citizenship stop while you're away, or does it start from scratch when you return? Or what triggers the click stopping?

I read someone mention an interview having been schedule for May 15, though

I dont think the question was why statistics are inaccurate. I think not was whether visajourney statistics are accurate or inaccurate.

3 minutes ago, payxibka said:

Did you have previous biometrics on file?

No

The visajourney estimate was that my ead/ap would be processed in August, and the date kept getting pushed back. It started off as June. However, the documents were processed in April.

I understand that visajourney makes a mathematical estimate, but this is not necessarily accurate for each particular case

Hard to guess this

My biometrics were waived. There are other cases. I would file and see what happens.

13 minutes ago, geowrian said:

AOS based upon marriage w/o an interview from anything other than K visas has not traditionally occurred. That's why I suggested adding the visa one is doing AOS from - to see if there is a practical change to that policy.

As-written, the interview waiver policy (https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5) does not cover marriage-based AOS, although it did cover it for AOS from K visas until recent years. And a number of people have posted about getting a waiver from K-1 recently, showing that may be back.

 

AOS from other visas is just not something that has traditionally occurred and is pushing the norms pretty heavily. I'm not saying it hasn't or won't occur...but it is something that I would not expect either. There's just not much faith in that a packet alone explains an entire relationship to justify permanent residency. It provides a decent exposure to fraud IMO...not that most people are fraudulent, but that somebody who wants to do things fraudulently can more easily do so w/o ever having an interview.

AOS from K-1 had an interview covering the relationship recently, which is why that had a wavier available.

If I'm not mistaken, most prople applying for AOS through the employment-based path were NOT interviewed through 2017. In which case, there is ample precedent to waive those.

I am not able to judge whether fraudulent marriage or employment-based petitions are more prevalent, so I would not vouch for one the other

On 4/28/2020 at 9:34 PM, randomstairs said:

Maybe you can try the EB2-NIW avenue. It's self-sponsored but requires that you demonstrate that your work and the field of work are in national interest. 

Yes, this is a good avenue

I would look into e2 to make sure it's not appropriate.  O1a does require an employer (or more than one). O1b (artist visa) does not, but requires an agent 

5 hours ago, irishoxford said:

Where did you hear this from?

It happened to me 

They are waiving biometrics for first time combo cards

Eb green card interviews are being waived as well

Will let you know when I get mine next week.

I only did biometrics in my country's embassy and probably at the port of entry (cant really remember). The card will be mailed in one week and I will learn if it has biometrics or not. On the uscis app, all i131 filers who filed at the same time as me have already been approved  and most ead's have too. If your case is like mine, it will be processed. My service center is Nebraska 

My EAD/AP were approved yesterday. No expedite was done, as I did not get a chance to do biometrics. I applied concurrently (eb2) in late February.

Thank you for the info hibiscus!