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About Bajinga

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  • Member # 315263
  • Location San Francisco, CA, USA

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  • City
    San Francisco
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Immigration Info

  • Immigration Status
    Adjustment of Status (approved)
  • Place benefits filed at
    National Benefits Center
  • Local Office
    San Francisco CA
  • Country

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  1. Here is a suggestion if you want to be able to work sooner legally. Since the employer is willing, get the job offer from them and file the expedite request for the EAD. a number of people have been successful in expediting EAD's using a job offer.
  2. expect some scrutiny, as the IO will have their doubts. the situation can be overcome by submitting evidence of a bonafide relationship. front load the petition and focus on quality of evidence such as commingling of finances (joint bank accounts, credit cards) over the years, shared utilities, lease. How long ago was the first interview?
  3. this would not be an issue. you are way overthinking this, just focus on having quality evidence for proving the bonafide relationship.
  4. we have seen the HR's do that because they just do not know and they sometimes do not bother to find out from someone who knows from the health insurance admin side. they are absolutely required by law to let anyone add their spouse to the health insurance with or without an SSN. most health insurance companies do this by using a placeholder till the SSN is available for the spouse.
  5. you should do it now, especially as the renewals are taking 6-9 months. trip would not be a factor as long as you return before your current AP card expires
  6. getting married is considered a qualifying life event for health insurance by law, its documented here for California but i am pretty sure most states consider it the same. you should pull the relevant section of the law for the state you are in and send it to the HR. you will only have till 30 days after the marriage to make any changes to the health insurance
  7. migrating from Canada to the US follows almost the same process as migrating from any of the other country. you will either need a qualifying relative who can sponsor you or an employer. Although Canadian citizens can be sponsored by the employers on TN instead of H1B for the STEM occupations i believe which would not apply to you at the moment.
  8. there is a quota of 65000 for new H1B's per year. the application process is through a lottery system as there are a lot more applications per year than the quota that is available. most companies would not bother sponsoring for it, as it is an expensive process for employers and requires dedicated legal resources and luck (because of the lottery). I had the H1B visa for almost 9 years and know a few people who have gotten it last year so its definitely still a viable option. Although a lot of US based tech firms (Amazon, Microsoft etc) have offices in Canada as well now and offer an option to relocate to their Canadian offices in case the H1B lottery does not work out. the main hurdle for you would be to get a job offer from any of these companies, not the Visa itself. the bar is high and it is very competitive
  9. I see, you can definitely request an expedite by calling the USCIS helpline. whether its granted or not is discretionary to USCIS and varies case by case
  10. you should be able to apply the drivers license using the AOS receipt, SSN or EAD is not required. assuming you are in Texas, as your profile says the local service center is Houston, Texas https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/verifyinglawfulpresence.pdf quoting from the above pdf, all you need is Immigration documentation with an alien number or I-94 number. This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status.
  11. moving for the sake of AOS times especially to any of the big cities probably would not be worth it. you are looking at processing times now but by the time the file is ready for the relevant field office steps the processing times at the field offices might be very different. So there is a chance you end up waiting even longer in another field office especially if they are in any of the major cities. EADs and AP for the AOS are processed at the NBC (usually 6 - 9 months) so the local field office would not matter. when did you file the K1? if you filed recently, you are most likely looking at late 2022 or sometime in 2023 for a visa considering the interview backlog in India.
  12. @Lucky Cat I think the portion you quoted above only applies while the person who filed the extension is still in the US. if they leave while EOS was pending USCIS is technically supposed to consider the application abandoned. my understanding from the readings of similar threads for example the one below is that the decision on I-539 is irrelevant if the alien leaves while the application is pending.
  13. if they left the US before decision on i-539, the. i-539 is considered abandoned and the visa is not void. they should carry the I-539 receipt to show that it was filed before the I-94 expiry date and proof that they left the US before the decision was made, next time they attempt to enter US. make sure there is enough gap before the next attempt to enter and off course next admission will be at the CBP discretion, expect some scrutiny. FYI, i could not find the USCIS official source on this, here is a post on Nolo https://www.avvo.com/legal-answers/leaving-us-while-i-539-is-still-pending--b2-visa-5083976.html
  14. ya, they have overstayed and the B-2 visas are void. they could have left without consequences on the visa before the decision was made on the extension.
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