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  • kittu07in
    08-27 03:20 PM
    [.....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. ...]

    My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
    Is she safe even my visa (H1B) expired on 4th Sept.
    If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
    So....what happens to her status? Is she valid to stay until she gets F1 approval notice?

    ~Thanks in advance





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  • illinois_alum
    08-11 01:13 PM
    I am trying to fill the canadian visa application and would like to know what should I check on Question #8
    a) citizen( obviously not)
    b) Permanent residet
    c) Temporary resident
    d)Worker
    e) Student(obviously not)

    It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD

    Need to travel to canada on Friday(08/13/2010)

    Any help is appreciated.

    Check Temporary Resident
    Provide Date of I-94 validity as valid until date
    You can attach a cover letter and mention that you have an application for permanent residency pending (provide copies of I-485 filing receipts, also copies of AP for proof that you can return back to the US)





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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?





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  • cygent
    04-01 07:43 PM
    Thanks,

    Ok, let me put it this way.

    Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

    So in this scenario, is the any difference vs. filing concurrently or not?



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  • jkays94
    05-04 10:59 PM
    Please see the thread on the SKIL bill, I believe the bill covers premium processing for I-485. For DOL I wonder if they would even have the capacity to do it, funds or no funds.

    http://immigrationvoice.org/forum/showthread.php?t=691





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  • sanju
    02-06 10:28 AM
    We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
    my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...

    Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...

    I am hoping this is only normal, and there are others out there in the same boat as mine...
    Am I wrong in assuming so? Let me know if there is anything I should do?

    pal :)


    Hi pal,

    Two things -

    a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.

    b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
    i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
    ii.) You have not recd FP notice, is that ok?

    I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.

    Hope this is helpful!

    .



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  • sagittarian
    12-19 10:32 AM
    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.





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  • JunRN
    12-18 04:16 PM
    What do you mean? An approved I-140 suddenly got reversed decision and was denied? Haven't heard of such cases. Can you please show me the link? thanks!



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  • parimmigv
    10-08 06:05 PM
    Thanks for detailed responses.





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  • Steve Mitchell
    January 3rd, 2005, 01:06 PM
    As of 1-03-2005:

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  • gc_buddy
    09-12 09:54 AM
    I believe the consulates aborad depend on the information on the internet.

    Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..

    They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..



    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html





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  • theconfused
    03-18 05:08 AM
    Dear All,

    My history has be read at -

    http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553

    Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.

    On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).

    On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.

    The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?

    I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.

    Do you guys have any idea what is likely to happen when i submit my passport?



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  • InTheMoment
    10-07 02:11 PM
    Yes, definitely update the I-9. Also as rockstart suggested you are now in AoS status or in legalese - "Period of Stay Authorized by the Secretary of Homeland Security".

    Also note there is nothing such as as dual H1-B and AoS status at any time.





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  • ysramu
    03-31 02:09 PM
    previously when entering on AP, they used to ask for receipt of 485.
    so main proof they look for is a valid 'inprogress' 485 appln.

    i dont think theyll ask ur wife to show her EAD card at the port of entry.

    to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.

    having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.

    this shud be an easy qn for ur attorney.

    Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.



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  • aubGC
    03-19 09:24 AM
    I think, you need 3 latest paystubs for your H1B transfer to another employer..
    Please check with attorney for confirmation...Good Luck to you





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  • ashoka
    09-26 02:28 PM
    I think everybody has LUD 08/05. So it does not help. I applied 485 on 08/08.



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  • kevinkris
    09-22 01:01 PM
    it will not effect your GC..

    what do you base this on





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  • sandyn16
    02-25 11:44 AM
    You need to have a SSN or ITIN





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  • roseball
    02-11 05:32 PM
    Hi everyone,

    Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.

    My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.

    Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.





    svn
    04-07 07:06 PM
    After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)

    I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.





    inskrish
    10-21 10:47 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!

    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!

    Regards,
    IK



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