raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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hari-patti
10-11 09:41 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
raj2007
02-17 11:40 PM
Yes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
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mdy_tvr
09-26 05:05 PM
Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.
Thanks.. I appreciate it
Thanks.. I appreciate it
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NANO3
04-30 04:26 PM
thanks C:-)
Ryall
09-30 01:59 AM
Wacom is just that good. Period.
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chnaveen
09-10 04:28 PM
Guys,
It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).
It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).
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jsb
11-01 12:16 PM
Hello i am running in to issues of how to get address changed. To give you guys previews. We were residing in Chicago till July ending. In August we moved to CT as my wife got a new job there. But since my work location is in IL , I requested my employer whether its possible to work remotely and its ok by law. He said u can change ur residential address and there is no need to amend LCa/H1b as there is no change in work location in my case. Fine for now.
I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?
I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.
I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?
I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.
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wandmaker
06-03 09:46 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
You would be better off stamping your H4 in India, my 2 cents. Especially B1/B2 to any non-immigrant visas most of the time is a mess in my opinion.
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
You would be better off stamping your H4 in India, my 2 cents. Especially B1/B2 to any non-immigrant visas most of the time is a mess in my opinion.
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sanjay02
05-22 03:09 AM
Your case has moved to another office, usually it happens when they schedule an interview at local office.
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Pagal
07-20 09:20 PM
Hello,
UK now provides 10-year visitor visa with 6m stay at one time...makes life easy and allows you to enjoy the old country (in-transit or on its own)...
UK now provides 10-year visitor visa with 6m stay at one time...makes life easy and allows you to enjoy the old country (in-transit or on its own)...
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joydiptac
01-22 04:18 AM
The actual story:
http://international.ibox.bg/news/id_417426389
http://international.ibox.bg/news/id_417426389
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GC444
08-11 10:24 PM
all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!
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pmat
12-17 02:10 PM
You can transfer your status from H1 to F1 using a "change of status" form. The main issue is getting the F1 visa stamp. In the visa application form, there is a question which asks whether anybody has filed an immigrant petition on your behalf. As I-140 has been applied/approved, you will have to answer yes for that question. This will show immigrant-intent: but F1 visa is strictly non-immigrant intent - you have to show that you are not planning to stay in US. <--- You will have issues proving this.
I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.
I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.
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a_paradkar
08-05 12:43 PM
My lawyer sent my wife EAD renewal papers to VSC.
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
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dbevis
September 14th, 2004, 11:48 AM
It's news to me. Injection molded connectors are easy to produce while maintaining tight tolerances, so I'm skeptical of that warning.
Many people have had pictures lost even with "good" cards, so that claim sounds more like a scare tactic.
Personally, I think I'll continue to go with SanDisk Extreme, as they have really good warranty (lifetime guarantee). I'm also concerned with knowing I have honest specs so I"m getting the data rates claimed for the product.
Don
http://itavisen.no/art/1304403.html?PHPSESSID=6f659d505057356c057c50b88ed ea679 reports that the Norwegian Nikon distributor Interfoto held a press conference today warning people against using "cheap" memory cards from vendors not on Nikon's approved list.
According to Interfoto the cheap memory cards doesn't fit too well physically and can damage the camera. Their service department report pins that are either broken or even forced into the camera itself.
In addition there has been problems with pictures disappearing when "the card crash".
Interfoto recommends Sandisk and Lexar, as well as Microdrives from IBM/Hitachi. (Interfoto is the Norwegian Lexar distributor btw)
Has anyone else heard something similar?
Many people have had pictures lost even with "good" cards, so that claim sounds more like a scare tactic.
Personally, I think I'll continue to go with SanDisk Extreme, as they have really good warranty (lifetime guarantee). I'm also concerned with knowing I have honest specs so I"m getting the data rates claimed for the product.
Don
http://itavisen.no/art/1304403.html?PHPSESSID=6f659d505057356c057c50b88ed ea679 reports that the Norwegian Nikon distributor Interfoto held a press conference today warning people against using "cheap" memory cards from vendors not on Nikon's approved list.
According to Interfoto the cheap memory cards doesn't fit too well physically and can damage the camera. Their service department report pins that are either broken or even forced into the camera itself.
In addition there has been problems with pictures disappearing when "the card crash".
Interfoto recommends Sandisk and Lexar, as well as Microdrives from IBM/Hitachi. (Interfoto is the Norwegian Lexar distributor btw)
Has anyone else heard something similar?