bkshres
05-11 01:11 PM
I think as long as she is pending AOS status, she should be fine. But I don't think H4 will be eligible for FAFSA. But if you filed tax jointly and your income is good then she will not get FAFSA funding, HOWEVER, she will get FAFSA loan (subsidized and unsubsidized). Subsidized loan is loan you don't pay interest until you graduate.
During FAFSA application, you need to submit I-94 and it will verify your status I believe. I have seen people getting FAFSA approval for pending AOS without any problem.
I hope this helps. You can get more information from the college she is applying for.
During FAFSA application, you need to submit I-94 and it will verify your status I believe. I have seen people getting FAFSA approval for pending AOS without any problem.
I hope this helps. You can get more information from the college she is applying for.
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abhijitp
01-27 03:47 AM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
swethanjit
08-25 08:37 PM
Hello Members,
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
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myimmiv
12-17 03:58 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
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Anders �stberg
July 18th, 2004, 12:20 PM
I think I already have for birds. ;)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
BeCoolGuy
04-04 07:27 AM
https://efiling.uscis.dhs.gov/efile/ allows you to efile your applications. Not all can be efiled, but the EAD and AP can be! For sure.
Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.
In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.
Goodluck.
Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.
In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.
Goodluck.
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jsb
11-05 03:24 PM
Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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msyedy
12-14 09:26 AM
while make illegal aliens legal.. the current S.2611 says the illegal pay back taxes and go through a process like us to get citizenship.
We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.
We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.
This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.
We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.
We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.
This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.
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gcdreamer05
10-08 11:33 AM
One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...
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jthomas
03-27 01:01 PM
Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
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raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
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zoho
08-27 02:33 AM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
Have you got the RFE?If so what is the RFE about.
Have you got the RFE?If so what is the RFE about.
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Caliber
05-08 11:47 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
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nandakumar
04-13 06:21 PM
got the mail from shrey.
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new_horizon
12-03 01:27 PM
hope you are not talking about quixtar/amway or reliv business?
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nkavjs
09-26 01:11 AM
I am Primary on H1B working 30 hrs base as a full-timer with benefits. If I understood you correctly I can lower my base to 20 hrs per week (without benefits) and still be on H1B visa?
wow..I hope this is true. Pls. let me know.
Thanks
RPH
wow..I hope this is true. Pls. let me know.
Thanks
RPH
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gcseeker2002
11-04 03:29 PM
Also thanks to the sleeping gowda(devegowda) family and congress party in karnataka for being so busy amassing massive amount of personal wealth and fighting with BJP that they gave up any interest to ask for the consulate in Bangalore.
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Madhuri
11-20 06:10 PM
When did they receive GC approval? Is it recent or 1-2 years ago?
I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.
I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.
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GCOP
04-01 03:32 PM
I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.
kirupa
11-19 07:04 PM
Congrats lost! Voting twice for your own name *coug* mdipi *cough* doesn't really help all that much =)
Cheers!
Kirupa :rambo:
Cheers!
Kirupa :rambo:
ImmigrationAnswerMan
09-13 08:56 PM
poorslumdog:
1) File for a Travel Permit. It is preferable that PR's keep their trips abroad under 6 months if they can. If not then it is best for PRs to keep their trips under one year. PRs should not stay abroad for more than a year without a travel permit and should not let their travel permit expire while they are abroad if they do travel abroad for more than one year.
2) Where someone gets their PR through employment, they should work for the employer for at least a few months after receiving their green card. This is because part of the process for applying for the PR was that they stated that they intended to work for the employer. However, where the person intended to continue employment with the petitioner, but there was a change in circumstances that caused the person to not continue working with the employer, this should be OK. However the person should be ready to explain to USCIS why they did not continue with the employer even though they intended to at the time they were granted their PR.
3) PRs can travel abroad. However, they need to be able to continue to show their intent to reside in the US. Employment abroad can be used by CBP or USCIS to question this intent. However if the person is working abroad for their US employer, it should not be an issue.
4, 5 & 6) See answers above.
** This information is of a general nature and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.
1) File for a Travel Permit. It is preferable that PR's keep their trips abroad under 6 months if they can. If not then it is best for PRs to keep their trips under one year. PRs should not stay abroad for more than a year without a travel permit and should not let their travel permit expire while they are abroad if they do travel abroad for more than one year.
2) Where someone gets their PR through employment, they should work for the employer for at least a few months after receiving their green card. This is because part of the process for applying for the PR was that they stated that they intended to work for the employer. However, where the person intended to continue employment with the petitioner, but there was a change in circumstances that caused the person to not continue working with the employer, this should be OK. However the person should be ready to explain to USCIS why they did not continue with the employer even though they intended to at the time they were granted their PR.
3) PRs can travel abroad. However, they need to be able to continue to show their intent to reside in the US. Employment abroad can be used by CBP or USCIS to question this intent. However if the person is working abroad for their US employer, it should not be an issue.
4, 5 & 6) See answers above.
** This information is of a general nature and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.