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I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.
Can you apply for AOS for your daughter with your 485 application after she moves from H4 to F1?
Can you apply for AOS for your daughter with your 485 application after she moves from H4 to F1?
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
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how is it determined how long the EAD will be renewed for? If there are no fees associated with filing the renewal, then it probably doesn't matter.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
I am in the same Boat. My PD is May 26 2004. Mine and my wife's case was transffered to Des Moines Iowa on March 19th 2008 and says its for additional processing. I applied for EAD renewal on June 11th and no approvals yet. I called uscis and they say that my ead would not be approved until the additional processing on my 485 is completed.. I am guessing it would be an interview.
Not necessarily in the same boat, although in the same pond.. :) In your case if the email says 'additional"processing and clearly indicates the DEs Moines office then it might very well be for an interview. In the case of ABH though all it says is that it was transferred to a USCIS office for "standard" processing, which could be as simple as USCIS mailing the packets from CSC to NSC.
Not necessarily in the same boat, although in the same pond.. :) In your case if the email says 'additional"processing and clearly indicates the DEs Moines office then it might very well be for an interview. In the case of ABH though all it says is that it was transferred to a USCIS office for "standard" processing, which could be as simple as USCIS mailing the packets from CSC to NSC.
I am in the same boat, my LC and I-140 both approved . But employer not ready to share the copy of I-140. Is there any way to get the copy I-140.
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LC EB3-June 2004
Contribution $200
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LC EB3-June 2004
Contribution $200
Sounds great. I have started but won't get finished until later Sunday. :( sry. But I gotta go to a bachloriet and some special deal at my church for graduating seniors from 9:50 to around oh 4:30 I think. But I will try to get it out by Sunday night.
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TV25,
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
I have seen some in my Inbox too...:)
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Feb 23 ... first 3 yr extension...waiting....
anyone here knows...can DL be renewed based in H1 receipt Or EAD ?
we are talking about NJ here....
Thanks
anyone here knows...can DL be renewed based in H1 receipt Or EAD ?
we are talking about NJ here....
Thanks
Sorry typo Labor date should be 8/13/2003
Your Labor Approval date is 8/13/2007 and you had already applied for 485 on June 29th, how is that possible?
Your Labor Approval date is 8/13/2007 and you had already applied for 485 on June 29th, how is that possible?
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I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
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The link is broken, can you please post the corrected link?
Yes, it is not working today. It was basically a pensylvania law suite and USCIS memo. I have saved it at work, Will try to attach it on Monday.
Yes, it is not working today. It was basically a pensylvania law suite and USCIS memo. I have saved it at work, Will try to attach it on Monday.
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I vaguely remember a discussion several months ago on the forum about people that have gone back to their home countries after having waited for their green cards.
We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.
Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.
I know a fellow countryman of mine who left but did not go back home. He is now in the UK on the HSMP (Highly Skilled Migrant Program). What information do you need? I may have to contact him for his approval, so let me know.
We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.
Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.
I know a fellow countryman of mine who left but did not go back home. He is now in the UK on the HSMP (Highly Skilled Migrant Program). What information do you need? I may have to contact him for his approval, so let me know.
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According to my employer, he is going to the Senators office tomorrow to talk to them regarding my case. Got an appointment some time this week to see them on Friday. I dont know how far this is true. They already wrote a letter to them 2 weeks back. This is what my employer says. But I dont know whether he actually contacted them or not. He said he will give me further info on monday. I have to wait and see what he comes up with ( truth or some other new story) on Monday. Then I might decide to move on to a diff employer if nothing works out.
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I must agree - both are important..it is just each one of us have different cases and circumstances
that It might be important for OP but you should considerate about others you should not say that every body elses problem is nothing in-front of OP's problem ."Injustice" word sound like that.
as somebody said earlier abount OP tha it sounds selfish and mean.
When NSC people were getting Receipt and TSC were waiting , no body said ."Injustice" word .
So when it is not affecting you it 's fair.....But somebody else gets that you cry foul play ....Be considerate about others
Personally I wish all (NSC ,TSC , Carlifornia , Vermont ) filers should get there receipt , EAD and AP as well as Final GC as soon as possible
that It might be important for OP but you should considerate about others you should not say that every body elses problem is nothing in-front of OP's problem ."Injustice" word sound like that.
as somebody said earlier abount OP tha it sounds selfish and mean.
When NSC people were getting Receipt and TSC were waiting , no body said ."Injustice" word .
So when it is not affecting you it 's fair.....But somebody else gets that you cry foul play ....Be considerate about others
Personally I wish all (NSC ,TSC , Carlifornia , Vermont ) filers should get there receipt , EAD and AP as well as Final GC as soon as possible
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going to www.satyam.com ...... I can not go in there. Probably too many people looking for info......
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If your both I-140 has been approved then your new PD needs not to be current for interfiling. But make sure that your to-be-used I-140, PD must have captured.
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I have an option of having 2 employers at same time .because i work only 2 weeks in a month .i can have an other employer for other 2 weeks in a month .Even if i work 12 days each for both employes they are OK .and both are willing to help me .I just need advise for best option .attorny probbaly wats to file MTR after receiving notice .
http://hammondlawgroup.blogspot.com/
I have a similar case. Waiting on my PD to become current before I can interfile.
One question - You said you got your new 140 approved with the older PD? How did you do that? I thought you use the older PD when you file 485? My lawyer has not done that - does that mean i will not be able to use my older PD?
One question - You said you got your new 140 approved with the older PD? How did you do that? I thought you use the older PD when you file 485? My lawyer has not done that - does that mean i will not be able to use my older PD?
