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Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
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amitkhare77
03-03 08:53 PM
wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
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I've heard about AC21. What is AC360 - some new USCIS provision ?
google?
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Antonio Trivelin
June 16th, 2006, 07:10 AM
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View Full Version : Family based GC on top of approved 485
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Hi,
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
let your HR know you are switching and they will have you fill in a new form for their files
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
No
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.
Thanks
AjaySri
Hope this info helps.
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IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
Yes that's the spirit. Starting off is difficult but you only need a few dedicated members to get the ball rolling, and motivate others. We have members in different parts of NC, and we are able to get a lot of things done on the phone or internet.
You can start by creating a google or yahoo group, and verify member information (name, contact info and such) as you sign them up.
All the best.
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Sorry..I have incorrectly named the thread..it suppose to read this way- "Changed Employer (but not informed USCIS), travelling on AP" .
A couple of points : 485 is your property. Its a grey area whether to inform USCIS or not, some advocate it as its a proof and file AC21 and some have different opinion its a personal choice. Regarding using AP I myself dont see an issue. Rest of all are supporting dox. Nice to have supporting documents.
Informing USCIS is nothing but officially filing AC21. Since there are no forms its just a letter indicating AC21.
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wa_Saiprasad
07-23 08:26 PM
Very helpful. Thanks for the post.
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Good opportunity for you to voice your questions, seek clarifications, and importantly, share you ideas and suggestions for future action items! Look forward to hearing from new tristate members as well as the old timers!
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I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
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Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
IMO you should put the EAD expiry date. ( The fact is stay will never expire since it is a AOS pending).
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Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.
So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.
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Hello everyone,
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
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Counterproductive
10-26 03:50 PM
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PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
Thanks for the reply. If my labor/i-140 is approved by December 2010, can I continue to stay in US?
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I would suggest you go after July....Your stamping is not an issue here.....The issue will be with your I-94 when you get back into US...Since your new H1 doesnt start until July 31st, if you try to enter US in June, your new I-94 will only be valid until July 30 as the immigration officer cannot grant you entry until July 2010 based on future approval start date if its not within 15 days...My friend was in this situation before and he had to file for extension again as he only got his new I-94 valid until the date of his old I-797...
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Gurus
Please advice.
The H1-stamp on my passport has expired in 2005. I have an approval for H1 till 2010
I will be filing 485 / EAD / AP on July 1st in EB2 category.
Since the 485 approvals are 2-3 years away
Is it possible to go out of the country for H-1 B stamping or if the EAD/AP gets approved i must go on to that status.
H1 is preferable since i do not have to worry about work authorization
whereas with EAD since it expires in 1 year , i will have to keep my fingers crossed and not work till the next EAD gets approved ( after june next year )
Regards
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Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
Is tourist visa same as business visa for Canada? Live in the US, i-485 pending with Valid EAD and have valid tourist visa. I need to visit one of my company's client for a few days. DO i need a separate visa or should tourist visa do? What do i say at the border crossing?
Sorry if this is not the right forum.
Thanks!
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