raysaikat
03-06 05:47 PM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
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jasmin45
07-16 08:58 PM
Interesting to know this.. but it could be just the person whom you talked to.. did not mean to play down your enthu.. its just my thought as USCIS/NSC cannot afford to have another round of communication issues over the mess that they have presented us with "effective" communication between DOS/USCIS on June 13th and July 2nd.
JunRN
08-21 11:30 AM
Mine is two Receipting up-dates away.....but I am hoping to receive my RNs before that...:D
Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....
Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....
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iq5203
01-20 07:12 PM
This is the only country in the world which experiences this constant and repeated rebirth. Other countries depend upon the multiplication of their own native people. This country is constantly drinking strength out of new sources by the voluntary association with it of great bodies of strong men and forward-looking women out of other lands. And so by the gift of the free will of independent people it is being constantly renewed from generation to generation by the same process by which it was originally created. �.. We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite. It was but an historical accident no doubt that this great country was called the "United States"; yet I am very thankful that it has that word "United" in its title, and the man who seeks to divide man from man, group from group, interest from interest in this great Union is striking at its very heart. ----Woodrow Wilson
Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush
I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan
Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy
Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt
K, who reads and posts to antiimmigrant websites? That's like giving them validation. Anyone on there ain't gonna listen to a word you say.
Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush
I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan
Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy
Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt
K, who reads and posts to antiimmigrant websites? That's like giving them validation. Anyone on there ain't gonna listen to a word you say.
more...
gceb3holder
02-27 06:32 AM
I have received my GC on January 28th. My company filled the following with USCIS:
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
LostInGCProcess
02-28 02:10 PM
Can anyone suggest me a good health insurance policy for the state of TN? What are the things that are important and what should be ignored? Most of the time I dont understand the technical terms used in it.
Currently I have one from a big health insurance company bought on the internet. I thought I was covered well. Every year they are raising the premium by about $30.00/month. I want to get another one, if anyone has bought from the open market please let me know.
Thanks!!!
Currently I have one from a big health insurance company bought on the internet. I thought I was covered well. Every year they are raising the premium by about $30.00/month. I want to get another one, if anyone has bought from the open market please let me know.
Thanks!!!
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desi485
03-17 10:43 PM
afaik your date of first application is your pd. To recapture it, you need to have copy of approved i140 or atleast knowledge that it has been approved.
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
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arnet
11-07 12:53 PM
difficult to classify which company are good or bad, based on each one experience or interest they may like or may not like the company. some struck in a company due to retrogression too. if you are planning to switch company, decide based on your interest/family situation and see whether your future job can give you those. get help from your friends/jobsites like dice.com/monster.com/careerbuilder.com/hotjobs.com to see the job oppurtunities.....good luck.
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
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geesee_99
12-14 03:52 PM
Thanks RANKSXY..You Made my DAY.
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fromnaija
11-17 11:48 AM
Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
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Prashanthi
08-27 03:02 PM
I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
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simple1
10-06 10:31 PM
Troll Alert.
This is a Fake post. read word by word you will understand.
Read all the posts by user nish. he/she is an anti immigrant.
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
In one of the previous posts the same user tries to taint l1b visa holders.
my consultatn lawyer told me that i can not stay here but my consultant told me that you can stay here USCIS will not come to know about it.
how USCIS come to know that i stayed illiegal in US
This is a Fake post. read word by word you will understand.
Read all the posts by user nish. he/she is an anti immigrant.
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
In one of the previous posts the same user tries to taint l1b visa holders.
my consultatn lawyer told me that i can not stay here but my consultant told me that you can stay here USCIS will not come to know about it.
how USCIS come to know that i stayed illiegal in US
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martinvisalaw
04-19 02:43 PM
Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around. Good luck.
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dicarol18
07-27 07:46 PM
I sent the 140-765-485 on June 30. reached Nebraska on July 2...and I got receipt notice of 140, Does anybody know if I am going to receive Receipt Notices for 765-485 too or I have to let them know that I sent those Forms too????:confused:
Please, I will wait for an answer...
Please, I will wait for an answer...
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ppt.b
07-10 09:58 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!
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guesswho
10-23 08:09 PM
Anyone going to Nogales for visa, I would suggest reading my exp:
http://immigrationvoice.org/forum/showthread.php?p=208797#post208797
http://immigrationvoice.org/forum/showthread.php?p=208797#post208797
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krishmunn
12-23 09:35 AM
There is one option which you can try. Take a online appointment at one of the consulates in Mexico. It costs $8 or so. They ask to send the 797 by fax before the appointment date. Presumably they ask for the 797 to do a PIMS verification. I do not know if that helps in confirming PIMS but for $8 , it is worth taking this additional step.
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TomTancredo
11-27 01:10 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.
FinalGC
03-30 12:57 PM
Guys....stop getting into wrong conclusions from my question....If you read my question carefully....you will see I started the question as a "case"...so it was a "case scenario" and not a state where my GC was approved.
To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....
To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....
RDB
12-21 10:32 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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