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My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,
1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
2) should be convert back to H4
3) how easy is it to get appoitments in India now for Visa stamping
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For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).
Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
As far as I remember, you cannot be a full-time student in J1. You need to get F1.
In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
No, you must get F1 on hand.
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
No, you must get F1 on hand.
In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.
Does it mean I can file a 485 even without joining the employer and can eventually join him before the 485 is approved. Any risks in this process?
Thanks in advance.
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
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We would also like to know if anyone from Indian companies is affected by the labor backlog and retrogression problems. So, if you are please reply on this thread, or write to us.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
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I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.
In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.
Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.
Is there any risk for I-140 application since company B amended I-140 application filed by Company A?
I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.
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I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?
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If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
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