sweet_jungle
07-27 05:17 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
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chanduv23
09-25 04:58 AM
September 27th is Thursday, please attend the conference call.
Details available in the State Chapter. Please join the chapter by following the link in my signature
Details available in the State Chapter. Please join the chapter by following the link in my signature
kondur_007
07-26 08:31 PM
I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
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sk2009
07-28 03:46 PM
Hi Krisha
in how many days did u get EAD approved.
i applied (efile )in the second week of may done with FP and got CPO mail on 28th june , till now no approval mail or EAD Card
did u get Approval mail before getting actual EAD Card?
thanks
in how many days did u get EAD approved.
i applied (efile )in the second week of may done with FP and got CPO mail on 28th june , till now no approval mail or EAD Card
did u get Approval mail before getting actual EAD Card?
thanks
more...
ruchi555
03-06 05:50 PM
That's helpful.
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
rajkraj
11-06 02:04 AM
Go to near by ASC, mostly they will do it.
Mine also same postion, I got my FP appointment for 11/13 at chicago but I went to LA ASC on 10/25 surprisingly they didn't bothered about date ,time and place they taken my finger prints right away. So go to near ASC. best of luck.
Mine also same postion, I got my FP appointment for 11/13 at chicago but I went to LA ASC on 10/25 surprisingly they didn't bothered about date ,time and place they taken my finger prints right away. So go to near ASC. best of luck.
more...
pd_recapturing
05-27 11:17 AM
do we need to send passport size photos along with supporting documets after efiling ?
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thesparky007
04-24 05:36 PM
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nfinity
02-12 01:26 PM
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
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kvrr
04-27 09:00 PM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
What options do I now have? Any options will be appreciated.
more...
zephyrr
05-22 09:40 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.
anyone been through this situation and has more details?
thanks
anyone been through this situation and has more details?
thanks
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wc_user
08-28 01:26 PM
Thanks all for your response. Really appreciate it.
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i_have_a_dream
08-10 11:21 AM
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
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pd052009
11-18 07:08 AM
FI...I got my DL yesterday, 40 days after giving DMV tests.
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rajuseattle
03-02 12:55 PM
rajpatelemail,
U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.
IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.
IV admin please intervene and stop these kind of posting, which hurts IV's cause.
U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.
IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.
IV admin please intervene and stop these kind of posting, which hurts IV's cause.
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webm
02-25 09:16 PM
Can someone travel with AP with an expired passport? Thank you.
You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...
You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...
more...
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vikasgarg24
07-12 01:14 PM
No USCIS can't do that. File suite and I am 100% sure you will won.
I am not a lawyer but a CPA, know some of teh laws also.
I am not a lawyer but a CPA, know some of teh laws also.
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RDB
07-06 12:13 PM
EAD renewal usually takes 60-90 days.....however, you can look for the approx. timelines on https://egov.uscis.gov/cris/jsps/ptimes.jsp and look for the processing times for your service center.
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
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LegalIndianInUSA
09-10 11:01 PM
Apologies if this is covered in a thread elsewhere (doubt it)
A colleague and I both filed EB2 PERM labors at around the same time in 2005.
Our 140s got approved roughly together too/
We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
Both of us saw our checks get encashed on the same date.
Here's where our applications diverged.
He received an LUD last friday and his EAD card has been ordered.
I received an FP request today(monday) but no LUD updates.
Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
It makes total sense to split people into two groups (atleast), and for each:
a) send them EAD cards with a note of FP pending.
b) send them FP notices and do their EAD later.
(I know another friend who is in group a, while I'm in b)
Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.
So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
:)
A colleague and I both filed EB2 PERM labors at around the same time in 2005.
Our 140s got approved roughly together too/
We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
Both of us saw our checks get encashed on the same date.
Here's where our applications diverged.
He received an LUD last friday and his EAD card has been ordered.
I received an FP request today(monday) but no LUD updates.
Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
It makes total sense to split people into two groups (atleast), and for each:
a) send them EAD cards with a note of FP pending.
b) send them FP notices and do their EAD later.
(I know another friend who is in group a, while I'm in b)
Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.
So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
:)
dohko
01-07 10:57 AM
Hi
I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
I have some experience from before I got my BS and my MBA can that be used?
Thanks
I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
I have some experience from before I got my BS and my MBA can that be used?
Thanks
indianindian2006
06-24 09:17 PM
i dont think it matters.
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