raysaikat
07-31 07:21 PM
Hello all,
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?
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venkatpuli
07-19 04:04 PM
Same thing happend to me. I am also waiting for reply.
KSVREG, Please let me knwo if you get any update on this.
KSVREG, Please let me knwo if you get any update on this.
jonty_11
06-15 01:17 PM
This from Immigration-law.com
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
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ahiyer
11-24 12:55 PM
Hi friends,
Since the h1b quota for year 2009 is not exhausted, can one(company) file the h1b visa right away or do we need to wait for April 2010?
One of my friends is interested in coming to the US. The consulting company to whom he applied said that they could only apply for the H1B visa in April 2010.
Could you please advise?
Appreciate
Since the h1b quota for year 2009 is not exhausted, can one(company) file the h1b visa right away or do we need to wait for April 2010?
One of my friends is interested in coming to the US. The consulting company to whom he applied said that they could only apply for the H1B visa in April 2010.
Could you please advise?
Appreciate
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jliechty
December 20th, 2004, 10:12 PM
Our 4-H photo club met this (well, yesterday now - it was Monday) evening, and the leader brought her new D70. She knows that I'm interested in DSLRs, so she let me shoot it for about 15 minutes with my CF card. I brought home six NEFs (from about 10 or 11 shots, but I deleted a few in the process of "exposing to the right").
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
guyfromsg
09-16 10:04 AM
This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
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fasterthanlight�
05-09 10:29 PM
Mucho better-o
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gvenkat
10-10 04:02 PM
Isnt that stupid.. I'm baffled at their brilliance? why cant they issue a reciept notice there it self.. :eek:
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Munna Bhai
01-25 08:08 AM
Hello,
What one should do to work in projects which needs security clearance.Is there any way out for H1bs?
Thanks,
What one should do to work in projects which needs security clearance.Is there any way out for H1bs?
Thanks,
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ImmiUser
12-01 03:04 PM
Thanks for the response. Someone mentioned to me that you can not file two I-485If you file a new I-485 the the old one is revoked, is that true ?
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martinvisalaw
02-01 01:51 PM
If your H-1B status started on 10/1/05, then your 6th year is 9/30/11, as you suggest. By 9/2011 your LC will, have been pending for 365 days so you can get a 7th year extension. Maybe the attorney thinks that August 2010 is the end of your 6th year. You should confirm the dates with her/him.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
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alterego
11-14 08:49 AM
If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.
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Desertfox
08-11 09:23 PM
I am getting my GC processed on a future employment offer. I already have my EB3 I-140 approved from NSC after A2P RFE, and my I-485 is pending since July 07. I plan to join my sponsoring employer shortly using my EAD, but my attorney told me that I have the optio to wait until I-485 approval. Hope this helps.
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cr125rider
04-24 05:40 PM
I love them all too, the last one is my favorite though!
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wonderlust
07-17 10:43 PM
Congratulations on our first BIG SUCCESS! Your efforts, time, and resources spent have paid back!
While rejoicing our victory, I remind myself that this is the first. There are still challenges for each individual and our community on the journey of legal EB immigration:
(1) How will the CIS, DOS, DHS, and FBI handle the job in the future?
(2) What will the increased fee be used for? How can we and other goverment agencies monitor the accountability?
Let's think about what's next... Will this success be the end or the beginning of our grassroot activism? Does the present move by CIS mean efficient services in the future?
Take care, enjoy the moment and plan for the future.
Wonderlust
While rejoicing our victory, I remind myself that this is the first. There are still challenges for each individual and our community on the journey of legal EB immigration:
(1) How will the CIS, DOS, DHS, and FBI handle the job in the future?
(2) What will the increased fee be used for? How can we and other goverment agencies monitor the accountability?
Let's think about what's next... Will this success be the end or the beginning of our grassroot activism? Does the present move by CIS mean efficient services in the future?
Take care, enjoy the moment and plan for the future.
Wonderlust
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Antonio Trivelin
October 3rd, 2006, 04:15 PM
Hi Kevin !!!
Tks for the comments !!!
Nice that you come here again !!! I would like to know you too personally but this cities are far from here, but i have a lot of photographers friends in Rio de Janeiro and just one in Belo Horizonte.
If you need something there, just ask me ok.
They are always here in this photo forum: http://fotografiabrasil.com
They always make photo-tour in Rio, they are great friends !
Abra�o,
Antonio
Tks for the comments !!!
Nice that you come here again !!! I would like to know you too personally but this cities are far from here, but i have a lot of photographers friends in Rio de Janeiro and just one in Belo Horizonte.
If you need something there, just ask me ok.
They are always here in this photo forum: http://fotografiabrasil.com
They always make photo-tour in Rio, they are great friends !
Abra�o,
Antonio
more...
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learning01
01-29 02:20 PM
We can't mount fire-fighting operation on each and every front. Let's ignore them.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
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raysaikat
05-15 07:39 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
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YesGC_NoGC
09-08 12:25 PM
Hi
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
priti8888
08-02 11:56 AM
My cousin is and was in very good terms with employer. He talked to the manager and the HR and managed to change position but not the title(on paper). If you think your PD is light years away , you can convince your company to do the same. My cousin made sure that the HR is well aware of this in case they get an RFE. If you wish, then 6 months before you think u'll get your GC-- switch to Technical position to be safe...
All this is an issue only if you get an RFE.
There is always a risk though
All this is an issue only if you get an RFE.
There is always a risk though
sirinme
06-01 11:56 AM
I got a letter from Zoe Lofgren's office, who is a Member of Congress representing California 16th District, in response to one of our web faxes on H-1B cap and GC backlogs. Below is the complete text from the letter -- it's heartening to know we are on their radar at least!
Now that we got their attention, is there anything we should do to follow up on this now?
- sirinme
================
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate, and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should Senate Judiciary Committee's H-1B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if can be of further assistance to you or your family.
Sincerely,
Zoe Lofgren
Member of Congress
===================
Now that we got their attention, is there anything we should do to follow up on this now?
- sirinme
================
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate, and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should Senate Judiciary Committee's H-1B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if can be of further assistance to you or your family.
Sincerely,
Zoe Lofgren
Member of Congress
===================
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