chapsi29
07-31 04:50 PM
Hello all,
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
wallpaper Angels with broken wings are
priderock
08-07 04:27 PM
She was detained for five hours but not strip searched. Understandably she was upset by it."
Wow. She was upset because she was not strip searched? :D
:) :)
Wow. She was upset because she was not strip searched? :D
:) :)
ha002
06-14 07:45 PM
Hello
My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,
1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
2) should be convert back to H4
3) how easy is it to get appoitments in India now for Visa stamping
Please advice
My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,
1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
2) should be convert back to H4
3) how easy is it to get appoitments in India now for Visa stamping
Please advice
2011 to Angels Without Wings!
uma001
11-16 04:46 PM
Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.
What do you mean by that. Is she going to file green card in future?She did not say that. May be she wants to go back to her native country once H1 expires.Am I right? H1 visa are given to stay here temporarily for 6 years not to get green cards.First husbands get green cardsm then spouses get green cards, then their parents and in-laws get green cards. This is why lot of primary H1 people are stuck in the line for past 8-9 years without promotions,salary hikes,buying homes. When there are no job for primary H1s, don't understand why spouses want to work.That's why lot of folks are going back to their native places.Competition wihtin out guys.Its like siblings fighting for same job in a single family.
What do you mean by that. Is she going to file green card in future?She did not say that. May be she wants to go back to her native country once H1 expires.Am I right? H1 visa are given to stay here temporarily for 6 years not to get green cards.First husbands get green cardsm then spouses get green cards, then their parents and in-laws get green cards. This is why lot of primary H1 people are stuck in the line for past 8-9 years without promotions,salary hikes,buying homes. When there are no job for primary H1s, don't understand why spouses want to work.That's why lot of folks are going back to their native places.Competition wihtin out guys.Its like siblings fighting for same job in a single family.
more...
inderman
09-23 09:28 PM
Hello All,
My priority date becomes current as of 1'st Oct 2009... I had created an Service Request 2 weeks back to check with NSC if it has been preadjudicated or not...
Here is what i received as an email response to the Service Request today-
The status of this service request is:
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.
Questions:
1. What am i supposed to do now?
2. I remember seeing a Memo back in Feb 2008 which stated that 485 can be approved after waiting for 6 months for background check and not more than that.
Please let me know if anyone else has received a similar reply in Sep 2009... Any thoughts are highly appreciated...
Thanks for all your help... These forums and community has been a great help all along!
-Inder
My priority date becomes current as of 1'st Oct 2009... I had created an Service Request 2 weeks back to check with NSC if it has been preadjudicated or not...
Here is what i received as an email response to the Service Request today-
The status of this service request is:
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.
Questions:
1. What am i supposed to do now?
2. I remember seeing a Memo back in Feb 2008 which stated that 485 can be approved after waiting for 6 months for background check and not more than that.
Please let me know if anyone else has received a similar reply in Sep 2009... Any thoughts are highly appreciated...
Thanks for all your help... These forums and community has been a great help all along!
-Inder
signin241
07-25 09:24 AM
Thanks for the responses. I have all the documents in place and also the recent paystubs of my present employer.
more...
dionysus
06-14 12:21 AM
Just be truthful in your applications and things will be fine.
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
2010 Angel with Patterned Wings
Leo07
01-18 12:29 PM
I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
more...
mr_aryan
10-19 01:59 AM
It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
hair There were statues of angels
Engineer1111
05-19 04:45 AM
My PERM was filed and I got the following email from my lawyers
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
more...
dingox100
03-09 09:21 AM
I recently did apply for EAD and the documents required are as below
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
hot On Wings Of Angels Sweetheart
upendra
07-09 01:28 PM
EB2/Jan 2006.
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house Maybe it#39;s because the angel
bayarea07
08-06 09:23 PM
Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
tattoo These wings are called angel
uslegals
11-15 03:53 PM
Not even sure if it matters any more. We have been current for 3 months now but no update.
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pictures Angel with Acrylic Wings
fran5477
04-04 10:36 PM
I have been looking topics like this one. Does anybody know if H-1 H-4 can apply for financial aid? does it come up during GC process as goverment aid and therefore could put you GC approval in danger of being rejected? I read somewhere a list of federal help we can use and be OK. Does someone know where to find info?. I have a daighter H-4 who starts college this year. She qualifies for in state tuiton. Does this affect her GC process? You never know when issues like this will surface along your process. I don't want to make any mistakes. Is someone in similar situation?
dresses hear talk of angels.
coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
more...
makeup quality of the Angel wings
Abacus101
05-12 01:30 PM
Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
girlfriend Study, Angels with Pale Wings
tosca_travels
09-27 03:51 PM
I am fine with abandoning the current H1-B extension process. My question is if there will be any problems leaving the country on an expired I-94 even though I am still technically in status.
My concern is that I will have problems if I apply for a tourist visa or H1-B visa in the future.
My concern is that I will have problems if I apply for a tourist visa or H1-B visa in the future.
hairstyles Keep track of all deeds done
GSingh
04-20 10:20 AM
My wife�s I 485 (PD Jan 2007, EB2, India & concurrent filer July 2007) application has a new soft LUD on 04/17/09. Not aware of any RFE yet.
Contributed $ 225. Will contribute more.
Contributed $ 225. Will contribute more.
ss_col
04-18 11:14 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
pd_recapturing
04-21 11:26 AM
I am also in same situation where my salary is much less than what is mentioned in LC. I am not sure if its going to affect my 485 application. I have got my 140 approved though. I have asked this question to attorneys and forums and everybody has the same opinion that GC is for future job so it should not matter if one's wages are not matching with LC.
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