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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)





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  • sheela
    07-11 06:08 PM
    I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.

    FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available





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  • mbawa2574
    08-04 09:16 AM
    Got a IO who was very detail oriented. She was good. According to her they are processing cases filed between June 16th and July 16th 2007. My name check is not cleared but she told that they have been updated on the new NC memo. Name check not required to approve an application, At this point of time , they are trying to approve old application with NC pending who have visa number available.





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  • gc_on_demand
    03-31 01:20 PM
    For once, I like what Grassley is doing.

    All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.

    this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.

    I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?



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  • jg888
    07-20 10:06 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?





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  • nixstor
    02-23 04:22 PM
    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.



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  • appusheth
    03-19 01:50 AM
    I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.





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  • immi_seeker
    04-06 12:10 AM
    Bump.



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  • satya1234
    03-26 01:11 PM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.





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  • nozerd
    02-23 01:24 PM
    Only problem with H4 is they cnt get OPT after finishing the degree. Also they cant get any job on campus like F1's can.



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  • ilikekilo
    09-07 07:56 AM
    hey who cares, if thats the case..I will certainly not complain...

    who knows something might be brewing up....4 good





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  • somegchuh
    06-10 06:45 PM
    I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
    We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?

    Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?



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  • ksairi
    08-17 08:47 AM
    Please





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  • johny120
    08-23 11:32 AM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.



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  • Canadianindian
    07-24 06:34 AM
    You folks can apply for a Canadian immigration for yourself. It would take atleast 6 months. While she can live on Canadian bording city such as Windsor, and you can work in Detroit, MI. Detroit and Windsor are about 2 miles from each other, and I know many ppl who live in Windsro and work in Detroit.





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  • cahimmihelp
    07-15 02:32 PM
    Thanks a lot Raj.

    One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

    Thanks again for answering so promptly.

    CAH



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  • CHHAYA
    04-20 01:19 PM
    I filed on March 10 2011 at texas service center, check was cashed on 3/15. Hope that helps.

    Thanks.





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  • GKBest
    08-03 08:25 PM
    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.


    From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?





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  • dan19
    10-08 11:14 AM
    Hi..

    Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.

    >>>>>My questions are the following:

    1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?

    >> No. Because I-485 is filed for a future employment.

    2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).

    >> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.

    3. Do I have any other options here (I dont have EAD yet, just applied last week)

    Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.

    Again, again, again...I am not an attorney. So consult an attorney before making any decisions.





    technoboy
    10-23 10:14 AM
    Card Production Order. I saw this message on I- 765 application on-line check.
    hope this help.





    john2255
    10-20 06:24 AM
    Look at the profile...... join date and no. of posts.


    So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.

    When I was active I always did my best to share my knowledge and help the people.
    I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.

    I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.



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