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averagedesi
08-07 06:50 PM
Last Update Date to be more precise
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USIVC
12-21 05:28 PM
Below is what I think to your three case scenario:
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
amjun
02-10 09:36 AM
No need to pay taxes to India. I was grad student for 6 years and never paid a rupee to Indian tax authorities. Whoever got a letter from Indian IT for taxes on US income needs to see an Indian tax consultant.
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InTheMoment
07-20 01:22 PM
Admin please close this thread as the issue has been resolved!
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sideeque
12-15 02:09 PM
My wife last time entered to US with H4 in June 2010. Then she applied for F1 status and got approved in Nov 2010.
H4 visa stamping Expires on Feb 20111.
She is planning to go India by Jan 2011 for 2 weeks. She is planning to come before Visa expires.
Is it possible to enter US with old H4 visa stamping?
Do we really need to stamp visa with F1?
H4 visa stamping Expires on Feb 20111.
She is planning to go India by Jan 2011 for 2 weeks. She is planning to come before Visa expires.
Is it possible to enter US with old H4 visa stamping?
Do we really need to stamp visa with F1?
up_guy
02-21 10:57 AM
ARUBEN
Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
I just wanted to validate my understanding.
Regards
Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
I just wanted to validate my understanding.
Regards
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buehler
02-06 06:00 PM
I filed my I-485 in July 07 at Nebraska service center and my wife had her finger printing done a month or so ago but I am yet to get the notice. Is there some number I can call and check. My Lawyer is very uncooperative in this case.
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braindrain
02-11 03:36 PM
US Congress has time for all this
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
atleast they have something good to talk about India...:)
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
atleast they have something good to talk about India...:)
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shana04
01-26 12:29 PM
Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
you need to write a covering letter describing your mistake and mention all the supporting documents
Supporting documents can be
1. your passport
2. your husband passport with your name mentioned on it
3. your birth certificate
4. your educational certificate (if it specifies your country of birth)
I would suggest to send at least two or three supporting documents which shows your date of birth.
In fact I did the same problem and I had to send the supporting documents.
good luck.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
you need to write a covering letter describing your mistake and mention all the supporting documents
Supporting documents can be
1. your passport
2. your husband passport with your name mentioned on it
3. your birth certificate
4. your educational certificate (if it specifies your country of birth)
I would suggest to send at least two or three supporting documents which shows your date of birth.
In fact I did the same problem and I had to send the supporting documents.
good luck.
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ajju
03-21 07:22 PM
Hi All
I got a RFE on my Substitute 140 ( PD is 2005) where they are asking for 2007 tax returns which are not filed yet, applied for extension. 2005 and 2006 tax returns are good.
Can someone suggest me what to do in this situation.
Any suggestions or any format leters...etc
Please suggest
Thanks
Looks like "Ability to Pay"... So they need company's tax returns... 140 is company's document not yours... But you mentioned your 2007 tax returns being extended.. Are you the company??
I got a RFE on my Substitute 140 ( PD is 2005) where they are asking for 2007 tax returns which are not filed yet, applied for extension. 2005 and 2006 tax returns are good.
Can someone suggest me what to do in this situation.
Any suggestions or any format leters...etc
Please suggest
Thanks
Looks like "Ability to Pay"... So they need company's tax returns... 140 is company's document not yours... But you mentioned your 2007 tax returns being extended.. Are you the company??
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theshiningsun
08-03 09:42 PM
thx for the update.
can u plz let me know which visa would be applicable to this category if not J-1?
can u plz let me know which visa would be applicable to this category if not J-1?
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rxsimha
09-26 03:51 PM
Thanks for the clarification. :)
I was worried when people were getting receipt numbers for just one or two of the three.
I was worried when people were getting receipt numbers for just one or two of the three.
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kirupa
05-27 03:19 PM
They both look really nice amit. I have added them both up!
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ubetman
05-26 02:19 PM
HI,
I efiled on April 7th and got FP notice on April 15th or so with appointment date of April 30th. Hope this helps.
I efiled on April 7th and got FP notice on April 15th or so with appointment date of April 30th. Hope this helps.
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praveen2008
08-19 11:17 PM
i am not sure... but as far as i know it is better to be in the country when the H4 extention is pending with USCIS
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mundakamal
06-20 09:01 PM
please reply gurus.
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tsiger
04-14 07:59 AM
well.. just imagine a stamp like that on a similar envelope.. even the postman would go like "hm.. which is the letter and which is the stamp?.. oh whatever.. Sir! new stamp waiting!" =D
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sdudeja
04-18 10:45 PM
I found out that it was RFE to get me credentials evaluations and copies of degrees. My employer has already sent those. Thanks for the response though.
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ameryki
06-13 02:49 PM
If your application gets approved before/on 30th June you will get 1 year EAD. If this happens after/on 1st july you should get 2 years. I am in same senario.
where are you finding this info from?
where are you finding this info from?
i4u
01-11 09:54 AM
Unless you are getting your mother-in-law to the US before you get your GC, it may become a factor but otherwise, it will have no issue
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Disclaimer: I am no lawyer
-
Disclaimer: I am no lawyer
buehler
07-21 07:30 PM
Hi
I am on H-1 and recently filed for my 485. After I receive an EAD in 6 or so months, am I eligible to go to school full-time while waiting for processing on my 485 application?
To continue your 485 processing, you should either join another company with a similar job or you should be able to join your existing employer once the I-485 is approved.
I am on H-1 and recently filed for my 485. After I receive an EAD in 6 or so months, am I eligible to go to school full-time while waiting for processing on my 485 application?
To continue your 485 processing, you should either join another company with a similar job or you should be able to join your existing employer once the I-485 is approved.
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