Recent content by civ2ru

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    I-94 question

    Don't discard anything! As far as old I-94s go, anyway. I would suggest including copies (front and back) of both your I-94 from the POE AND your I-94 from the approval letter. If you noticed, you will have to provide your entry information in Part 3 of I-485 - that's where your old I-94 will...
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    Filing I-140/485 while on depedent on F1
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    question for ginnu/realcanadian and other gurus

    I'm not a "guru" but I'll chime in - make a copy of your I-94 (front and back) for your records and just surrender the actual I-94 card when traveling out of the country (if asked to).
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    filing O-1 visa with pending NIW petition ??

    Yes, arthurking75 is right about PD (Q10 and Q12 at Sorry that I didn't immediately realize what day it was... Didn't mean to mislead you. You can still go ahead and file your NIW I-140, but you'll only be able to file I-485 when your...
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    filing O-1 visa with pending NIW petition ??

    I doubt that, why would it? Even if you're planning to file I-485 concurrently with your NIW I-140, O1 is a dual intent visa (status). 8 CFR, Sec. 214.2(o)(13), "The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for...
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    I-485 denial/Impact on F-1 Status

    That's definitely news to me... I've never heard of cases you speak of and I've always interpreted "an alien having a residence in a foreign country which he has no intention of abandoning" - a requirement for F-1 status as per 101(a)(15)(F) - very conservatively... But then I'm not a lawyer, of...
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    risks of filing for the I-485 with a pending I-140

    The main risk is this: if your underlying I-140 was to be denied, the I-485 would be denied as well. So you can stand to lose I-485 filing fees and AOS pending status (if you don't maintain your nonimmigrant status). But if you don't file, you can stand to lose the unique window of opportunity...
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    I-485 denial/Impact on F-1 Status

    BobbyZee is for the most part correct. As a matter of fact, F1 status will be void from the moment I-485 is filed (immigrant intent is inconsistent with F1 terms) - her new status ("AOS pending") will be entirely dependent on how well your I-140 and I-485 do. That rule won't apply only if a...
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    forgot i-693

    According to Q13-A13 of the recent "Frequently Asked Questions #1: Employment-Based Adjustment Applications Filed by Aliens Whose Priority Dates are Current under Department of State July Visa Bulletin No. 107" ( "Q13: Can applications be...
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    Medical Form - I-693 Form Expiry

    If you read closely, it clearly says there, "Previous editions accepted". You should have no problems with...
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    EB1-EA... Next step(s)

    There are no official requirements to submit all pages of passport. A copy of page with your most current visa and an ENLARGED color copy of a biographic page should be sufficient (the I-485 instructions even limit the requirement to visas issued "within the last year"). I did however include...
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    I 485 Check Query

    There may be issues if you miscalculated the total amount of fees. Or if one of the applications were to be rejected (for instance, due to something missing from required initial evidence), which (because of a single check) would result in everything being sent back. Otherwise, you should be fine.
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    H4 will be invalid after using EAD, so no need to extend H4 at all?

    gceevz, From the moment your spouse started using EAD, she/he have abandoned her/his nonimmigrant status (that includes H1 of October 2007). She/he now needs to use AP to travel. But she/he is legal to stay in the U.S. for as long as your I-485 is pending ("adjustee status"). Good luck with...
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    Once your I-485 is approved what next?

    First of all, CONGRATULATIONS!!! :D Now, about your questions, (1) No, it is not necessary. Just make sure and have your GC(s) with you when you travel. (2) They may still want to take your [most recent] I-94 card(s) away at the airport when you leave the U.S. (they took mine), while...
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    EB1-EA... Next step(s)

    I'm not ChrisV, but I'l chime in. If you've already filed your I-485 and it's been accepted, you are legal to stay in the U.S. for as long as your I-485 is pending. Once you get your EAD, you'll be legal to work as well. So you don't really have a problem of status if everything goes smoothly...