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
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vactorboy29
02-13 01:52 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
Can we get any help from these guyes?
dixie
02-15 11:52 AM
Its not advisable. The DOS has designated a few consulates in Mexico and Canada for third country nationals. Its best to stick to those recommendations, or go to your home country. Visa stamping is a stressful experience to bgin with, why take chances ?
Have anybody stamped their H1 visa in UAE?
I heard a lot of people stamping in Canada and Mexico - but not any other countries.
Any issues going to other countries?
Have anybody stamped their H1 visa in UAE?
I heard a lot of people stamping in Canada and Mexico - but not any other countries.
Any issues going to other countries?
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waiting4gc02
10-12 03:05 PM
WRONG!!! What date did Fed Ex (or any carrier) leave ur pkg at the Service Center? That's when ur 6-month countdown begins.
So that means it starts prior to Dec'9th for my case..????
So that means it starts prior to Dec'9th for my case..????
more...
GC_1000Watt
08-08 02:44 PM
thanks buddy! So i believe it's just the state of the consulate..right?
By the way was your case kind of same?
^^bump^^
By the way was your case kind of same?
^^bump^^
glosrfc
10-31 08:43 PM
Yup..pineapples, corn, cable cars, jugular veins...
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noida123
07-28 08:46 PM
It Depends on the type of security clearance. What is the type of clearance you applied for in your Dept and what agency do you work for and what type of work?
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
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lhk86
08-12 10:42 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
more...
H1toEB2GC
10-07 10:55 PM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
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fromnaija
08-28 10:23 AM
I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
more...
raysaikat
06-21 01:39 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
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permfiling
07-29 02:41 PM
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
Jsb,
thank you for confirming. My wife's h1 is approved but once i took the appointment at calgary, the appointment letter mentions that first time COS conversions are strongly urged to go to their home countries as they cannot verify the academic qualifications. I think this is mainly for ppl going on desi consulting companies unlike universities.
Thanks
Jsb,
thank you for confirming. My wife's h1 is approved but once i took the appointment at calgary, the appointment letter mentions that first time COS conversions are strongly urged to go to their home countries as they cannot verify the academic qualifications. I think this is mainly for ppl going on desi consulting companies unlike universities.
Thanks
more...
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jaane_bhi_do_yaaro
08-06 09:00 PM
Join the donor, the fun is right in their.
Is the fun there or fun their (donors)?
:)
Is the fun there or fun their (donors)?
:)
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purgan
04-04 08:52 PM
HI All,
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
more...
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sri1234
05-15 03:04 PM
Hello Attorney's
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
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frostrated
06-21 01:48 PM
Thank you frostrated for your reply!
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
yeah, you should have no problems. Take a copy of your I-485 papers with you too. But do not show unless they ask. You will exit and re-enter in H1 status.
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
yeah, you should have no problems. Take a copy of your I-485 papers with you too. But do not show unless they ask. You will exit and re-enter in H1 status.
more...
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h1techSlave
04-03 02:25 PM
From the new letter: "The CIS isn�t approving adjustment of status cases at anything close to a rate sufficient to use up even a significant portion of the quota...".
And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).
Please take this post as a constructive criticism.
And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).
Please take this post as a constructive criticism.
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Raj Iyer
10-07 05:24 PM
Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.
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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
admin
02-26 07:15 PM
Thanks to all the enthusiastic members who attended the call today(Feb 26th). The number of people who attended the call were far more than what we had expected. We hope you are now more convinced about Immigration Voice and it's cause.
As explained in the call, we do need more people to come forward and help us in many of the teams that we have. If you would like to work in any of the following teams, please send an email to the email id listed next to it.
1) Membership - jay@immigrationvoice.org
2) Meet the lawmakers - pratik@immigrationvoice.org , anurag@immigrationvoice.org
3) Publicity & Media - sunil@immigrationvoice.org
4) Liaison - aman@immigrationvoice.org , shilpa@immigrationvoice.org
Given the response that we had today, we will try to make this as a regular feature of Immigration Voice. And definitely with a better conference calling system.
Please let us know of your feedback here about the call and Thanks once again.
As explained in the call, we do need more people to come forward and help us in many of the teams that we have. If you would like to work in any of the following teams, please send an email to the email id listed next to it.
1) Membership - jay@immigrationvoice.org
2) Meet the lawmakers - pratik@immigrationvoice.org , anurag@immigrationvoice.org
3) Publicity & Media - sunil@immigrationvoice.org
4) Liaison - aman@immigrationvoice.org , shilpa@immigrationvoice.org
Given the response that we had today, we will try to make this as a regular feature of Immigration Voice. And definitely with a better conference calling system.
Please let us know of your feedback here about the call and Thanks once again.
GCHope2011
02-27 04:20 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
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