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Hi all

I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!


This is why consulates and uscis are so tough.

You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.

Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.

Sorry, not much good news for you.

Appreciate your response. Thanks for the useful information.

thanx

This is my first time $200 contribution for this great organization. Keep up the good work guys!!

Google Checkout #778027030093989

140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
It got approved yesterday!

How she can apply for EAD...? My PD are Jan 2006 EB2. How can i get her EAD card.

Please suggest me....
If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.

Great job, Salil. Can you share your experience working with the press? Was it easy getting the newspaper to carry this article, or did you have to pursue this for a long time? The reason I am asking this is, its hard for one to determine what the media will print. They may take one quote from you but might use it in a different context. I came very close to quoting on Seattle Times but stayed put as the reporter wanted my opinion on the "other" current debate that's going on, and she was not willing to carry an article on Legal immigration alone.


sertasheep,
I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.

I had two conditions that the reporter agreed to:
1) He would not use my employer's name, and
2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.

He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.

Let me know if I can be of further help.

Good luck,
Salil

He is the best - I am at work - but will listen to the radio.

Way to go logiclife - we are with you

First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.

( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)

Please think:

A. WHY will ACLU assist us? Only because Ms. Singh is there?

B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...

Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:

Amen to that.

Backlog Elimination Centers
:)

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This post has been deleted.
Please mantain a civil tone on the forums.

Hi,

Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.

Weird is cool in my book =)

Some of our chapter members have been asking for action items to work on during the holidays. This is a great one

Unfortunately No, Sometimes an early GC is a curse..

She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?

I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.

I think we have till July 31st. About 2 weeks.
one silly question. How weeks do we have in hand to file 485?

Thanks QJ! They are cute.

I also wish I could find a way of making the photography money flow the other way. :)

Extrapolating the Einstein equation E =mc2 I get the following results :


EB3 June 01

EB2 Dec 2000

Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???

No worries,

go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

in the above link go locating the following news line, read and enjoy

""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.

She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.

USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
That is why they again send RFE for some people.

Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)

If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.