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  • USIVC
    12-21 05:28 PM
    Below is what I think to your three case scenario:

    Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.

    case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.

    case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.

    There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)




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  • jain4444
    02-23 08:33 PM
    My wife is currently on H-1B status. Her employer has decided to close the company and cancel her H-1B effective from 2/28/09. My wife has an EAD and Advance Parole. We applied for her EAD and Advance Parole, when my company applied for my I-485 Adjustment of Status in July 2007. I wanted to know:

    a) What steps are needed to move my wife from H-1B to EAD?

    b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?

    c) Do I need to move my wife to H-4 status before she can start using her EAD?



    In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?




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  • justice4all
    09-02 01:26 PM
    ^ ^ ^ ^ ^

    hi,
    i am planning to file eb2 and port my eb3-i140 pd. My current position is system analyst with eb3 job requirement. I can get a promotion but that doesnt qualify for eb2 job requirement. So i am planning to move to a different position, research associate which qualifies for eb2(it requires masters degree) with the same employer. Can i file eb2 with this position and port my eb3-i140 pd? Advice pls.


    Thanks




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  • mdipi
    10-20 07:49 PM
    whats the diff?



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  • english_august
    08-20 11:59 PM
    I applied for the subscription, please approve my subscription

    Your subscription should be approved. Please PM me if it is not




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  • eilsoe
    10-07 12:27 PM
    Awww... but she still looks cuuuute... :)



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  • manand24
    10-08 08:26 AM
    I am also facing a similar situation. My lawyer advised me not to worry about this.

    Also, I think there is another thread talking about the same issue.

    See signature for details:

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
    I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
    I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
    BioMetrics given on 10/05/2007

    WIFE
    I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
    I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
    I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
    BioMetrics given on 10/05/2007




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  • gimme Green!!
    03-31 02:04 PM
    why is this thread not coming on the HomePage?



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  • STAmisha
    02-25 09:41 AM
    I graduated in MS (I'm on H4 currently) recently.My previous degree is from India (passed out BCOM in 1999). I dont have any IT experience.

    I'm talking with couple of companies about getting a H1. What documents I need to show for H1 for USCIS? Do I need to show any experience to USCIS?
    Please reply




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  • inskrish
    02-12 07:02 PM
    Hi all,

    Any one can please help me, I am leaving at Atlanta, Georgia, I have 5 years old son his passport is going expire next month so I would like to apply. Any could tell me what are the documents required, what form I need to fill, fee, where can I apply for renewal etc......

    Thank you in Advance..

    Thanks,
    Raj

    Hi,

    Check here for the procedures to renew you son's passport: New Document (http://www.cgihouston.org/PassportMinor.html). I assume your son is an Indian citizen.



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  • jeffsmith
    03-24 12:48 AM
    Yes you can do this...just call the embassy....Indian ambassy is pretty fast....to help on this...




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  • nursekm
    09-24 06:54 PM
    Hello,

    My situation:

    I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.

    My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.

    I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).

    I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.

    My question is :

    1) Can I file for I-765 based on pending I-485 (Family Based IR1).
    2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?

    In brief,

    How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
    What documents should I turn in ?
    How do I explain USCIS about the situation?



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  • glus
    01-06 08:13 AM
    You should speak to an immigration attorney. That's the best I can tell. False claiming to be a U.S. Citizen can lead to a permanent inadmissibility to the US. As such, it is a serious matter and should be discussed with an attorney.




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  • hopefulgc
    01-05 02:32 PM
    It would be not hard to make an IV facebook application that contains
    - an install page,
    - a page where our core issues can be listed and members can express support for each issue
    - a page where running issues can be listed and members can sign petitions online (see capital fraternal caucus app as they push their greek related issues via Patton Boggs in Washington)
    - and optionally a facebook bolstered discussion board.

    The newsfeed feature/invite friends should help viral spread of the app.




    A member suggested that it maybe a good idea to have IV presence on facebook. This will help increase our publicity among our friends whom we can recommend to join. Our aim is to get as much publicity and membership at this time so that we can succeed in our upcoming campaigns.

    We have a group called 'Immigration Voice' on Facebook now started by IV core.

    Could you now help us increase the publicity of IV on facebook among your friends so that we get more participation on IV site

    Someone who knows facebook well, pls post ideas how we can use it best to our advantage.



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  • nimb
    06-19 01:55 PM
    We did not send any original passports to NewYork consulate. Only notarized photocopies.




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  • sameet
    02-14 10:01 AM
    My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .

    From what I know, you can only have one 485 application pending at a timeeeeee. So your wife cannot file for 485 unless she withdraws the one filed under your labor.



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  • ras
    07-08 11:09 PM
    Programmer, analyst programmer, developer, software engineer, sr. software engineer, sys analyst, etc., are all the same.

    does this include software QA engineer too?




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  • Anna35
    09-18 12:33 PM
    My attorney submitted my I485/EAD/AP last July 20th, the USCIS in Nebraska received it on July 23 by R. Pitcher at 9.29 am, since then I have no information on checks, LUD or receipts.

    I reviewed all the information sbmitted by my attorney and I fond that she sent my paperwork using FEdex to:

    U.S. Citizenship and Immigration
    Nebraska Service Center
    850 S Street
    PO Box 87845
    Lincoln, NE
    US 68508

    After taking a look to the USCIS site the address is correct but she missed the PO BOX numbers and wrote 87485 do you think this is a problem, please advise guys. what can I do

    Thanks
    Anna




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  • fester8542
    04-08 04:29 PM
    ok last one :beam:




    tamil12
    10-20 05:52 AM
    Get it Notarized with photo and send the document.There are standard formats available.




    rajuram
    10-30 11:05 PM
    they are issuing EADs for children....it will help you get SSN for them

    Hello,

    I filed 485 in July 2007 and got the 485 receipt nos for myself and wife and my daughter. Both my wife and myself got EADs too. Though i applied EAD for my daughter [who is under 4 years at the time of application], i neither received EAD reciept nor the application back. I saw in some other threads that kids under 10years are not getting EADs. Is it true?

    I know some may ask why we need EADs for kids? My daughter 's I-94 is expired on Oct 10th 2007 and i applied EAD for her in july just in case though she cant work.

    Any ideas?



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