pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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alisa
03-24 10:52 AM
Anyone from Wisconsin?
Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin
Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin
casinoroyale
06-19 12:05 PM
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
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kalia
07-04 04:35 PM
Medical: $ 400.00
Lawyer: $3,000.00
Fedex: $ 100.00
Documents: $ 20.00
===================
TOTAL: $3,520.00 APR.
Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
Frustration that I am going through since Monday Morning: Can't estimate the cost.
Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.
My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.
Lawyer: $3,000.00
Fedex: $ 100.00
Documents: $ 20.00
===================
TOTAL: $3,520.00 APR.
Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
Frustration that I am going through since Monday Morning: Can't estimate the cost.
Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.
My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.
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optimystic
10-29 09:08 PM
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
billu
08-24 10:28 PM
While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.
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mheggade
05-15 10:22 PM
I agree with Munna Bhai on this. There is no need to put salt on the wound , we should help if we can on the issue in hand instead of judging others.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
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MightyIndian
11-29 11:41 AM
Details in my signature.
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sbabunle
01-31 11:01 AM
The way to go USCIS....and the processing time
is going to be 4 fold...take it immigrant prospectives!!:D :D :D
is going to be 4 fold...take it immigrant prospectives!!:D :D :D
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whattodo21
12-15 11:23 AM
I filed for my ead in late september, got an rfe in mid nov, sent papers but see no change in status. how long does it take with an rfe to get ead? my 90 days are nearing and I am afraid with the holiday season coming, that I might not get in time. I have contacted my congressman, ombudsman's office can't do anything yet. what can be done?
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chanduv23
06-19 10:12 PM
Here is another part of story.
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
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hpandey
02-12 09:25 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Its just what it is - a notice. Let him take it to the court and prove that you actually caused him a loss of 25K. You also have proof from your side that you gave him ample notice and that he has not paid your last month dues ( which he cannot keep ) and so forth including the stuff that he is not giving your W2 ( which is unlawful ).
For every reason the law is on your side. You do not have anything to fear.
And believe me the legal fees for taking this to court will cost him more than the 25K he is claiming and I am sure he will not want to get the DOL to investigate him and his background since it looks like he might have some skeletons in his closet too.
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Its just what it is - a notice. Let him take it to the court and prove that you actually caused him a loss of 25K. You also have proof from your side that you gave him ample notice and that he has not paid your last month dues ( which he cannot keep ) and so forth including the stuff that he is not giving your W2 ( which is unlawful ).
For every reason the law is on your side. You do not have anything to fear.
And believe me the legal fees for taking this to court will cost him more than the 25K he is claiming and I am sure he will not want to get the DOL to investigate him and his background since it looks like he might have some skeletons in his closet too.
more...
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ItIsNotFunny
04-13 01:54 PM
Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
As I said on previous post. You get bonus marks :) :) :)
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
As I said on previous post. You get bonus marks :) :) :)
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asindu
07-14 06:57 PM
Its not only for illegals but its also for kids of legals that aged out due to retrogression or backlogs in visas...plz don't be selfish with view points like "it doesnt help us so im gonna oppose it"....instead help the children who aged out due to the visa backlogs!!! Read what Greg Siskind wrote:
FYI - You can read the bill at http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: . Note that it applies to kids who entered illegally and kids who entered legally but became illegal later.
On the 245(i) question, unfortunately I have heard nothing about this being reintroduced any time soon.
Posted by: Greg Siskind | July 14, 2007 at 05:24 AM
FYI - You can read the bill at http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: . Note that it applies to kids who entered illegally and kids who entered legally but became illegal later.
On the 245(i) question, unfortunately I have heard nothing about this being reintroduced any time soon.
Posted by: Greg Siskind | July 14, 2007 at 05:24 AM
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kevinkris
11-20 06:14 PM
We filed our AOS, EAD and AP on Aug 13th at NSC. We are from Santa Clara county in california. I heard that people from santa clara are getting FP's very late?
We have got our Receipts on Sept 30 and EAD on Oct 28th. No FP and AP yet.
My question is how to create service request?
We are planning out of country. Just waiting for this FP to be done.
Can we postpone FP for a specific period of time?
Thanks,
Kris
We have got our Receipts on Sept 30 and EAD on Oct 28th. No FP and AP yet.
My question is how to create service request?
We are planning out of country. Just waiting for this FP to be done.
Can we postpone FP for a specific period of time?
Thanks,
Kris
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GCBy3000
01-10 04:42 PM
Any voluntary job is good in resume. The resume is to show how you are and what skills you have. Volunatary job shows that you are not the one who wants to be idle and also it shows that you have some intention to do service to the society. It is good to have those in resume and also it will help you a lot if you pursue MBA in future.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
more...
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snathan
06-16 11:21 PM
what about 221(g)?
I would say all issues related to re-stamping. I am not sure how any particular issue can be addressed. Lets see...
I would say all issues related to re-stamping. I am not sure how any particular issue can be addressed. Lets see...
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met3259
05-25 06:14 PM
Thanks for informative posts. and Thanks specifically for addressing the wages question.
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
Quebec is a poorer province than Ontario, but Montreal is fantastic. If you are after a European flair, then this is the spot for you. There are "english areas" (like Beaconsfield) to live in, that I would recommend if you don't speak french.
VS Ontario: Housing is more affordable, wages may (?) be a pinch lower, taxes are higher.
Canadian educational system is different than the US. You don't need to look for a neighbourhood with a good school. However, a good neighbourhood is better for your family.
Good Luck
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
Quebec is a poorer province than Ontario, but Montreal is fantastic. If you are after a European flair, then this is the spot for you. There are "english areas" (like Beaconsfield) to live in, that I would recommend if you don't speak french.
VS Ontario: Housing is more affordable, wages may (?) be a pinch lower, taxes are higher.
Canadian educational system is different than the US. You don't need to look for a neighbourhood with a good school. However, a good neighbourhood is better for your family.
Good Luck
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eilsoe
02-03 03:33 AM
Ah.. finally placed my vote... :)
and it was NOT on myself, ask kirupa to check if ya don't believe me :P
and it was NOT on myself, ask kirupa to check if ya don't believe me :P
raj2007
05-13 06:49 PM
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
It takes a long time time in India.. It will be much faster depending on state.
You can withdraw your application citing the reasons. Your date is not current now, so you can wait for some time to withdraw your application.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
It takes a long time time in India.. It will be much faster depending on state.
You can withdraw your application citing the reasons. Your date is not current now, so you can wait for some time to withdraw your application.
thomachan72
05-18 04:19 PM
for those with masters or phd there is already a special quota called EB1. All of the others are not different from one another. if with your MS/PhD you are going to do the same kind of job any qualified person from India would do, what is the need for a special catagory. You have to prove your point then everybody will agree. Just by saying "special quota for MS" we will ask; WHY? show us the reason. I know lot of engineering graduates/MBAs/research scientists who have got MS from here but dont see any special significant contribution. I also know lot of professionals (specialists in medical / other fields) who were trained in the US and are significantly valued all over the world. So to put it briefly, this argument will not work with the law makers. People with PhD and lot of publications / patents / significant contributions etc definitely need a special quota and they already have one. The rest of us are in the same boat friends.
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