Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.
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You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
Another good and realistic post by Greg Siskind. IN some ways it better to try CIR this year.
Obviously it will fail...but at least we will do away with these "comprehensive" things and
focus on piecemeal.
2011 2010 Harley-Davidson Fat Boy
I have one more question, please advise.
now what if I apply for F1 visa and it get approve say 2 months before her actual class start date. as soon her F1 will get approve she will be on F1 status , so is there any problem she stay on F1 for some period before her actual class start.
for example her actual class will start from 1st of August 2011 and we apply for her F1 on 1st may and it get approve by 15th May and from the approval date of F1 (15th May) she will be on F1 status. but as said actual class will start from 1st Aug 2011, so is there any problem or illegal if she stay on F1 from 15th May 2011 TO 31st July 2011 (75 days) on F1 without her actual class starts ?
My wife already have H4 extension which is valid until 2013.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
It's impossible to know. It depends how many applications were ready for approval by the time October hits.
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
2010 2001 Harley-Davidson Fat Boy
When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.
Usually there could be about a month's delay between your GCs.
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It would be great if you tell me how to go about with police complain for lost passport? Is it just I have to call 911 or go in person? And what questions they ask?
You should not call 911. You should call the county police, they will ask you either to walk in to the nearest police station or some times you can ask the police officer to meet at a particular place. In my case I asked the police officer to come to the nearest Fedex Kinko's. He came to Kinko's sat with me and asked simple questions. The officers are usually very helpful and he/she will provide you a complaint no, and visiting card. You need this complaint no. when you are applying for a duplicate passport.
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
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If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.
If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).
Good Luck with your trip.
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What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
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If i could find my ex attorney he would beg to die.
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I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
I don't know the current fee you can check the uscis website.
I filed both I-140 and I485 in Sept 2005.
which no you called ? and what information they asked you to provide status ? regular stuff like PD, Name etc ?
Please advise! Thanks!