lskreddy
07-01 10:48 AM
Yes & Yes
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sweet_jungle
07-27 05:17 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
gene77
07-01 11:52 PM
Ok Guys enough "PREDECTIONS" now go to bed.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
Thanks eb3_nepa, I agree.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
Thanks eb3_nepa, I agree.
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hemanth22
06-25 05:29 PM
yes, that is correct, i meant can i got for H-1 stamping while 485 is pending
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP
I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).
Regards
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP
I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).
Regards
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validIV
03-26 05:21 PM
It wont hurt you to have both. Whichever gets approved faster only benefits you. I have an I-130 filed for me in 2001, F2B, as well as an EB3 based with a PD of May 07
pcs
04-07 08:06 PM
They are a force to reckon with & their succes will help us NOT hurt us.
Let us encourage them to protest.
Let us encourage them to protest.
more...
rockyrock
08-04 01:00 AM
I don't have a lawyer. I will do the correction myself when I get the receipt.
Good luck to you.
I am in the same boat as u r in.....I made a typo on I-485 and want to send a letter....On form 485 for the question "In what status u last entered" I entered H-1B when it should really be F-1.....After sending them the letter, do u know if we'll get a confirmation saying that our request has been approved?
Good luck to you.
I am in the same boat as u r in.....I made a typo on I-485 and want to send a letter....On form 485 for the question "In what status u last entered" I entered H-1B when it should really be F-1.....After sending them the letter, do u know if we'll get a confirmation saying that our request has been approved?
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forgerator
10-23 11:28 AM
I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?
Thanks for your help. I pray no one should go thru these type of issues in thier life.
Well , the law states that the property accumulated after marriage has to be divided. Did you buy that property in India with money you accumulated in the US? Did you transfer that money from US to India? Was that money accumulated after marriage? If yes, then it will be divided as well. Of course it's best to check with lawyer first.
Thanks for your help. I pray no one should go thru these type of issues in thier life.
Well , the law states that the property accumulated after marriage has to be divided. Did you buy that property in India with money you accumulated in the US? Did you transfer that money from US to India? Was that money accumulated after marriage? If yes, then it will be divided as well. Of course it's best to check with lawyer first.
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rjgleason
February 1st, 2005, 08:36 AM
Juan Valdez drinks Costa Rican coffee.......:D
The best coffee in the world comes from CR......correct???
The best coffee in the world comes from CR......correct???
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ashrock11
06-14 12:12 AM
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
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
more...
andycool
01-20 01:00 PM
I had my H1b till Nov 16, 2010 with Company1
Company2 applied for H1b transfer and it was approved as of Nov 08, 2010 ( but we didn't get any notification about it it's approval until few weeks later)
Company1 filed for H1b extension on Nov 10, 2010
I properly resigned Company1 on Nov 30, 2010 and started working with Company2 on Dec 1, 2010
Somehow Company1 didn't terminate my H1b extension and it got approved as of Jan 18, 2011.
1) Which status am I in? What decides my status?
2) Can I continue working for Company2 without any problems? Has this new approval put my transfer in jeopardy?
3) Do I need to update Company2 about Company1's extension approval?
4) Do I need to leave the Country to do any stamping?
Please help!!
You can have multiple H1B visas at a time ...no problem..... both your H1B's are valid
you can work for both employers at a time if you can :)
Thanks
Company2 applied for H1b transfer and it was approved as of Nov 08, 2010 ( but we didn't get any notification about it it's approval until few weeks later)
Company1 filed for H1b extension on Nov 10, 2010
I properly resigned Company1 on Nov 30, 2010 and started working with Company2 on Dec 1, 2010
Somehow Company1 didn't terminate my H1b extension and it got approved as of Jan 18, 2011.
1) Which status am I in? What decides my status?
2) Can I continue working for Company2 without any problems? Has this new approval put my transfer in jeopardy?
3) Do I need to update Company2 about Company1's extension approval?
4) Do I need to leave the Country to do any stamping?
Please help!!
You can have multiple H1B visas at a time ...no problem..... both your H1B's are valid
you can work for both employers at a time if you can :)
Thanks
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snathan
01-11 02:34 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
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Devils_Advocate
04-08 11:46 AM
Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
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gccovet
07-08 09:36 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
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bsrik77
07-30 01:32 PM
I applied for my I-140/485 together in the last week of June. I havent got the receipt numbers yet. My wife is on H1 and since she is not the primary application on my 485 forms, is it okay if she changes her job. Will her H1 transfer affect both of our applications.
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Raj Iyer
09-13 12:49 PM
Hi:
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
more...
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vinzak
11-10 02:06 PM
Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
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ramesh-u
05-20 08:00 PM
I got approved email within 2 weeks but still waiting for the actual forms.. Just write Expedite on the top of the cover. Again, it depends on the Immigration officer.
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bkshres
10-27 04:26 PM
I paid $350 to my attorney. However there is no filing fee.
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
dg_247
05-19 05:37 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
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