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 Help filing for GC

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Posted on 12-13-06 8:35 PM     Reply [Subscribe]
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I am planning to apply for GC through my employer and i need some help answering a few questions. i have read around here and i learned a lot but a few confusions still remain.

I have a Masters Degree and would be applying through EB2.

1. what will be the approximate cost and the time frame for the whole process?

2. would it make a difference if i add my spouse for EAD after approval of I140? would it cost more? would it slow down my process? would my spouse have the same benefits as me?

3. She is also currently under H1 and has an opportunity to file for GC through her employer as well. which would be better: both applying individually or she as my dependent?

and anyone suggest a GOOD NY-CT based lawyer who is 'proactive' (please, no khagendra or Sedai, our so called 'bigshot' nepalese lawyers....i've had my fill with them) please feel free to contact me through sajha.

Thanks a lot in advance.
 
Posted on 12-20-06 1:33 PM     Reply [Subscribe]
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Hi Jibatma!

I had a small problem like that after I graduated from college. After I finished my OPT, I saw several of my friends didnn't join the college or didn't find the job for 2-3 months. So, I thought I will do the same thing. Then I didn't want to go to college to do master because I don't have money as well as my husband is finishing his master degree after a year. So, I decided to go to F-2. I talked with International advisor, they were alright with it. After I filled my case to DHS, it came back. I filled it again for 2nd time, it came back to me again and it said I need to file to different DHS. I filled it for the 3rd time to DHS they mentioned. After 4-5 months letter, they asked me some more documents like marriage license and reason why my case is delayed bla, bla,. I asked the international student (ISA) advisor to write a letter. ISA wrote a very good letter and I send the documents they asked. We consult the lawyer, he didn't give positive respond. Then my husband and I decided, we will file and wait and incase if it it got rejected, we will go back home. Fortunately, it got approved less than a week after I send the documents. Now my husband is working in H1B. He applied his HIB first, after it got approved, I filled for H4 and it got approved less than a month. So, my advice to you is just file your friend's H1B first. When it got approved, then file his wife's. My advice to all Nepali Student is do not copy what your friends do. If my case was disapproved, I would have never forgive myself. Thanks God.
 
Posted on 12-20-06 1:37 PM     Reply [Subscribe]
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- laborperm ji,

Thank you for your positive response. I will try to contact the save_the_children or similar agencies in Nepal for donation to under privileged children. I wanted to take care of education and cloths at least for one two children.

And yes, I filed 140 and 485 just two weeks ago (Dec 4). I received receipt notice but not biometric notification. Hope, things will move quicker positively.

NepaliBhai
 
Posted on 12-20-06 1:59 PM     Reply [Subscribe]
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.mta177: I am not sure why did you file your case within DHS. As far as I know DHS is Department of Homeland Security? You never mentioned that you file your case within USCIS, which falls under Deparment of Homeland Security. But even at that time, USCIS is known as INS.

You have gotton lucky, are you all done with your GC process yet? Getting H1B and H4 status is not enough if you file your GC. During I485, they may again ask you to show your previous status. Just be careful on documenting if ever you get NOF or RFE.
 
Posted on 12-20-06 7:54 PM     Reply [Subscribe]
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Laborperm, thanks for your note, you are always helpful. I agree with you and you will be receiving email as you suggested regarding those questions.

MTA177, thanks lot for sharing the similar experience. Few questions for you if don't mind to answer: As I understood, you changed from F1 visa to F2 visa and it got approved and you applied for H4 right?. Would you mind what kind of documents/information DHS/USCIS asked to submit to change from F1 to F2? and what was the content of the letter ISA advisor wrote? what were the major points he mentioned to defend your "out of status" cause and for recommendation to change to F2.
These information will help my friend in a process of collecting documents/information. Major reasons for his wife's case for not taking full course are: death in family, pregancy and child birth, and later financial constraint. It has been already three years she has been out of status.
Thanks in advance for your response.

Were you physically here in the US when your husband filed for H4? Were you out of status when you filed the H4?.
I am going to suggest my freind to collect all necessary documents
 
Posted on 12-20-06 7:56 PM     Reply [Subscribe]
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mta177, please ignore the last three sentences, sorry forgot to delate them.
 



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