Wednesday 15 June 2011

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  • glus
    12-27 03:05 PM
    Hello Helper!

    thank you for reading my thread.

    My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.

    1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
    2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
    3. What are the chances of the change-of-status being approved?
    4. If her student visa gets denied, after how many days does my wife have to leave?

    Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals

    1. She can stay here while the change of status is pending.
    2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
    3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
    4. They usually say she should leave as soon as possible.

    Regards,




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  • nav_kri
    03-20 09:54 PM
    "USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."

    Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?




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  • glus
    11-19 01:10 PM
    H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.

    did you check with your attorney, if she absolutely has to do h4 renewal.

    Hello GcDreamer05,
    Please read my previous post. I hope it explains why it is possible to receive H-4 extension while working on EAD at the same time.

    Regards,




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  • rockstart
    03-09 11:38 AM
    Yeah I think it makes sense to fill I9 form because that way you make it clear that your intent moving forward is to be on AOS rather than H1. In case you dont do it then you are on dual status with H1 being primary status so in that case it is open to wide interpretation of CIS officers to classify it as out of status or in status.



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  • voldemar
    04-20 08:51 PM
    Per Mattheww Oh's web site, Senate Judiciary Subcommittee Immigration Oversight Hearings were held on 04/19/2007 and 04/20/2007. I haven't read the details yet. The details are at http://www.immigration-law.com/I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299




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  • ck_b2001
    07-25 03:52 PM
    I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.



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  • satyasaich
    06-23 02:17 PM
    In case of filing for a spouse (wife or husband) and dependent children, form I-764 clearly ask to provide evidence. Atleast most recent year Tax Returns are REQUIRED as per the form. My attorney updated me to present additional 2 years of federal tax returns (not the state) as well, which are optional. Remember these are REQUIRED alongwith W2s or 1099s.




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  • agesilaus
    September 1st, 2006, 06:36 PM
    Nice HDR work



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  • happy1
    08-14 05:48 PM
    Most personal finance books will tell you that cash life policies (such as Universal Life) are financially bad investments. They are laced with all sorts of fees, which is why salespeople recommend them.

    I was proposing for combination. Not 100% UL. Only an agent can find a sweet spot of this combination. Instead if 100% term (ex. $35/mo for 30 years = $12,600). How about 20% UL and 80% term? In this case probably you will get 2 or 3K back (which is not bad instead of loosing entire amount). I was not suggesting Life Insurance as investment, sorry for not being clear. I met with my agent 3 times discussed all options and it worked out well for me.




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  • immi_enthu
    08-10 04:47 PM
    Approval notice goes to Attorney a courtesy copy to Employer


    Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:



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  • lifestrikes
    05-31 10:17 PM
    Before the Neufled Memo, self H1B sponsorship was possible, but now you will not be able to prove employer-employee relationship.

    If you happen to find a way, let me know.




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  • Michael chertoff
    11-25 12:48 PM
    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.

    Thanks for understanding.

    MC



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  • ArkBird
    10-04 08:34 PM
    How did they pull it off?

    We have been waiting for data like this since umm..... last ice age??

    Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....

    We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!

    In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)

    I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.


    Let the Reds rain!




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  • HumJumboHathuJumbo
    01-08 12:41 PM
    While I-485 is pending, how to change spouse's last name?. For that matter, how to change spouse's last completely in every agency(like ssn, paychecks, credit cards, green card, passport, drivers license). Is this list complete?. which one should i start first?.thanks



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  • up_guy
    09-26 09:59 PM
    pls reply on this..




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  • perm2gc
    06-16 05:52 PM
    I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


    I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
    you can maintain dual status .



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  • ski_dude12
    08-09 01:09 PM
    The top reason would be-

    "We are the USCIS".

    What say?




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  • nish17
    06-20 02:41 PM
    Is copy of approved I140 required for filing ?
    Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.

    I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.




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  • anilsal
    10-24 01:26 PM
    It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).

    Judy may be the link to other possibilities for IV.
    http://www.nndb.com/people/805/000050655/

    Pappu?




    mariusp
    07-14 12:29 PM
    Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.

    i don't know if its an EB 485, but even FB are very backloged.




    H1Girl
    08-31 12:23 PM
    Hi H1Girl,
    Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.

    Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.



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