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  • surge
    02-20 08:25 PM
    Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

    Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
    So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.





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  • immi_2006
    10-14 03:27 PM
    Take it from ICICI Lombard Insurance. They have tied up with United Health Care. For 6 months it comes to some where around 10,000 to 15,000 rupees which is pretty cheap compared to US vistor insurance.
    Only condition is insurance should be taken before you start from india.


    SRI used to be good when they were SRI. Now it is merged with Sevencorners and they don't process claims well.

    Indianetwork insurance is quite common with Indians but they take more than 5 months to process claims and they pay part of the claims.





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  • sledge_hammer
    06-02 11:53 AM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





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  • Pagal
    08-04 12:16 AM
    Hello,

    As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.

    It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
    Good luck!



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  • Munna Bhai
    07-12 09:48 AM
    Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
    Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
    Let me know what you find. Good luck.

    One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.

    Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.





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  • Munna Bhai
    07-12 09:48 AM
    Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
    Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
    Let me know what you find. Good luck.

    One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.

    Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.



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  • chanduv23
    09-16 02:43 PM
    I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........

    Yes - true - well said.

    Libra will consider only unselfish brave folks :)

    If you are already married, check with your wife asn ask her - does she like cowards and selfish people?





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  • lostinbeta
    10-03 01:45 PM
    mwwwwwahahahahahhahahhahhhaaaaa :evil:



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  • sunny
    10-02 02:13 PM
    I am not sure if the I-94 you receive along with your H1 approval means anything.
    Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.





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  • felix31
    08-08 10:41 PM
    Yep.. Cheer up however we can.

    note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.


    LOL

    good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?

    Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:



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  • dtekkedil
    07-03 10:03 AM
    I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:



    Maybe a stinky garden weed. It's the thought that counts:D.


    LOL!

    You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)





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  • cram
    08-23 09:55 PM
    bumping^^^^^



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  • AJT
    10-08 08:29 PM
    Filed @ NSC, Rec'ed 07/27/07
    Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
    Rec'ed EADs for self and spouse on 10/5/07
    AP - Rec'ed and pending
    I-485 - Rec'ed and pending





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  • willigetgc?
    07-28 07:47 AM
    India is still in my heart and love everything about her. For me the people hold the charm and since I have lost them, it is hard to consider going back... When I first came almost 15 years ago, I didn't want to stay here but now I 'can't' go back.. One of life's twisted ironies.
    That's my story.

    Good Luck to all those who decided to go back and good luck to those who decided to stay back.



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  • vnsriv
    06-25 11:44 AM
    Couple of options
    1. Don't file your I-485 till you return from India
    2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case
    3. Your husband can have I-485 notice and still get H1 stamped in India
    I got my H1 stamped even when I had AP and EAD
    4. You have 90% chance of getting receipt before Oct if you are in EB2
    5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)





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  • sunny1000
    01-22 05:13 PM
    The below PDF link may be of assistance to you. You should contact the SEVP. Good luck.

    http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf

    Below section may be relevant:

    6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
    a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
    • Your school discontinues the classes/instruction for which you have contracted
    • You are unable to contact school officials
    • Your school officials will not assist you
    Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
    b. Provide SEVP the following information:
    • Family name
    • First name
    • SEVIS ID
    • Date of birth
    • Form I-94 number
    • Contact information, including mailing address, telephone number, and email
    • School name and address
    • Date you became aware of the problem
    • Description of the situation (a summary; 1-2 paragraphs)
    c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.



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  • prasadn
    04-07 05:15 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

    Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.


    From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.





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  • HV000
    03-04 05:24 PM
    But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.


    This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!





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  • dipu76
    06-01 05:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





    mdmd10
    09-14 04:01 PM
    That last question on the bills was from me!
    Thanks for answering





    RiaonH4
    01-18 11:13 AM
    Cool. Thanks for your replies. One more question. Are you guys currently in US and have applied 485. How do i use Canadian citizenship and 485 pending to maximize my opportunities in us and also have Canadian citizenship as a backup?

    Ria
    :D

    King37 sent you a PM