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  • 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)?

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  • loudobbs
    07-18 09:58 AM
    I value the contribution of IV a lot, but saying that you will get an answer only if you contribute is lame.. This is a public forum and all contributions are voluntary. Your answer degrades the noble cause of IV. :rolleyes: :rolleyes:

    An answer will magically appear after you have contributed to the IV cause.

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  • gcisadawg
    04-29 02:23 PM
    What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?

    The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.

    If I've I-485 pending, i would never travel without an AP.


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  • newbie2020
    06-17 08:56 PM
    It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....


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  • anilsal
    12-02 11:43 AM
    We can never trust that lawyers have the latest information. That is why it is so important to get views from the community in forums. Everyone has different lawyers and has different experiences.

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  • kshitijnt
    01-25 08:55 PM
    Some members in other posts have used abusive language to the extent of comparing my wife to a dog. And some have asked for the money since I have got the answers. I am not sure how these "skilled" people can lobby for the skil bill or for that matter convince a single congressman.

    I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?


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  • raghaone
    07-17 11:13 PM
    Dear friends,

    Please be careful of corrupt attorneys and employers selling same labor to multiple candidates and making money by filing concurrent cases. I am happy that the substitution labor is dead which kills corruption by employers and attorneys. This is one of my bitter experiences with substitute labor.

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  • Blog Feeds
    11-05 08:40 AM
    Philip Wolgin lists on Huffington Post his ideas for smaller items Congress could consider since CIR is effectively dead. Some are obvious, but others less so. They are 1. DREAM Act 2. AgJobs 3. Make the EB-1 category more reasonable. 4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support. 5. Eliminate the one year bar on asylum claims.

    More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)


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  • freddyCR
    January 31st, 2005, 09:16 PM
    thanks ;)

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  • rodnyb
    02-03 06:50 PM
    Visa statistics

    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    from 2000 looks like about 300K EB visa was wasted.

    Also, you can see, EB1+Eb2ROW has s always been in the 50-70K range every year

    EB1 I/C each is increasing from 3K to 6K, EB2 ROW is increasing from 10K to about 30K


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  • gchopeful2
    08-15 09:26 AM
    I'm in the same situation. There is a 1 letter difference in my Father's name in the passport and in my birth certificate.

    My lawyer went ahead and filed my 485. I did an affidavit later and sent it to the lawyer. He says he'll send the affidavit only if there is an RFE. Hope the helps.

    ****NOT A LEGAL ADVISE****

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  • sab
    11-01 07:44 PM
    I am number 4.
    Thanks for the info.


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  • purplehazea
    03-27 03:13 PM
    Out of personal experience of stories from other people I understand that generally most people do not have any problem while going for stamping outside the country. Subject to the fact that I am not an attorney and that you should consult one, here is my no guarantee advice:
    Ensure that you have all the paper work and that you do not have any period of illegal stay;
    Ensure that you go for stamping long before your visa validity runs out.

    Again this is purely based on what I have noticed in my personal experience. Some people do get unlucky but overall it is better to go to a non-indian consulate and especially avoid Madras consulate.

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  • pappu
    03-10 04:14 PM
    Hello Every one

    As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.

    How to update Profile :

    (1) Login into IV site
    (2) Click on Forum from Top Navigation
    (3) Click on My User Profile from Drop down
    (4) Click on Edit Your Details on Left side navigation. Please enter correct GC details

    Post confirmation message once you are done so you can verify details of your profile in your post.

    As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.

    Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS


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  • gclongwaytogo
    10-05 03:02 PM

    Dear All,
    I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!

    Now how should i proceed?? My wife is on H1-B currently. Any ideas??

    My priority date is 25 jan 05 - eb2.


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  • eastindia
    03-04 10:18 AM

    I have been filed in EB2 with a priority date of Feb 26 2007.
    What you guys think about the possibility of my PD getting current this year?
    I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.

    Thanks in advance.

    An IV member VBKRIS did accurate prediction. Its in donor forum though.


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  • Nagireddi
    06-18 10:13 PM
    Hi EB3Retro,
    I promise I will be with IV till we acheive all our goals.

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  • rs_nyuser
    12-14 08:13 PM

    Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.

    She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.

    Please help.
    Thanks in advance.

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  • karthik204
    02-22 07:13 PM
    This is going to be interesting.. Finally someone speeking about legal immigration..

    07-08 09:11 AM
    Based on anu_t in this post...
    Priority Date: Jan 2006
    Category: EB3
    I-140 Approved: Aug 2006
    I-485 Filled: July 2007

    I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.

    Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?

    10-29 11:14 AM
    Thank You guys for all your responses...i am planning to send the requested documents again.


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