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    Eligibility of H4 EAD extension

    I believe so Not if she doesn't have a valid H4 I-94. If your wife has an unexpired H4 visa, she might consider instead leaving the US and re-entering, with a copy of your new H1b I-94 and the marriage certificate, to be admitted into H4 status for the same duration as your H1b. Then she would...
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    Adjustment of Status on ESTA (SIJs)

    According to USCIS Policy Manual, Volume 7, Part B, Chapter 8, section C-2, it appears that the only adjustment bar that applies to SIJs is the INA 245(c)(6) bar based on involvement in terrorist activity: All the other adjustment bars, including the INA 245(c)(4) bar for having entered on the...
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    Can pregnant wife travel to the USA after getting her Green Card (via IR1 Spouse of US Citizen ) ?

    1. She does not get a green card outside the US. She gets an immigrant visa. She becomes a US permanent resident (i.e. green card holder) immediately upon being admitted to the US on her immigrant visa. 2. Only if she has a ban or other ground of inadmissibility, which is highly unlikely because...
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    Didn’t received i485 receipt notice

    Did you enter on parole?
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    i94 expired but has valid visa

    A late Extension of Stay application is only accepted if there is good cause to be late, and I don't think there is good cause here. Your son needs to leave the US and re-enter. In my opinion, your son's L2 visa has been automatically voided by INA 222(g), which also means he can only apply for...
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    SB1 visa after 2 years of stay in India

    If it was just you returning, then you would probably have more chance of success by just flying to the US with your green card and trying to enter. Although the green card is not a valid document for re-entry after an absence of more than 1 year, the officer has the ability to waive your...
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    affidavit of support-tax and income question. Help appreciated

    No, your spouse does not need to complete an I-864A if your own individual income is sufficient. However, I have heard that some consulates have been known to require I-864A even when it is not required.
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    Son never got a green Card when they came into the country...

    I believe he needs to pay the immigrant fee before he can get the plastic green card. But since he will automatically become a US citizen (not just "eligible for citizenship"; he actually automatically and involuntarily becomes a citizen) when you naturalize anyway, it might not be worth it...
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    Self employment or W2 job on GC-EAD

    No. But if you are immigrating based on an employment-based petition (I-140) filed by a company, then the company must offer to employ you when you get your green card, in order for you to immigrate on it (unless your I-485 has been pending for more than 180 days, in which case you just need to...
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    Green Card through Asylum Paused

    They can't deny it. The eligibility for AOS is provided by statute. Plus, the government has not announced any changes to eligibility. They have no basis to deny it. If it was denied, then you can challenge the basis of denial. That's why they are just "pausing" it; it is harder to challenge the...
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    How will getting a green card through the lottery affect the I-730 form for the derivative spouse

    Well you're not eligible for AOS in that category if you've ever previously been out of status (on the current stay or any previous stays).
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    How will getting a green card through the lottery affect the I-730 form for the derivative spouse

    Are you sure you are eligible for I-485 through DV? Were you ever out of status before asylum?
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    When can I apply for Naturalization?

    4 year and 1 day rule only applies to people who were absent for more than 1 year, who are able to overcome the presumption of interrupting continuous residence during the last year of their absence. People who are absent for more than 1 year who are unable to overcome the presumption have to...
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    When can I apply for Naturalization?

    An absence of between 6 months and 1 year is presumed to break continuous residence, but this presumption can be overcome with strong evidence of ties during the absence. If you are able to overcome this presumption, then continuous residence was not broken, and you can file N-400 now as you...
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    Coverted from h1b to h4 through consular. when does my status change? when to stop my payroll run?

    You don't have status while outside the US. So you cease to be on H1b status when you leave the US. And when you enter, you will have a new status that depends on the visa you present (e.g. if you enter on an H4 visa you will enter into H4 status).
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    Advice on parents' green card situation

    Another option is for your parents to fly to the US on their unexpired green card, and try to enter with evidence of how they intended to return but couldn't return earlier due to various reasons. The immigration officers at entry might let them in. If asked to sign I-407 to voluntarily...
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    Question about parent’s Greencard application

    1. A few months, assuming they paid the $235 immigrant fee 2. Immediately. They do not need a lawyer. They do need to appear for the biometrics appointment. 3. Hard to say. Could be months or over a year 4. as part of Re-entry Permit application 5. Texas does not have a penalty for not having...
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    I am a TD visa holder with a i539 extension and i94 that expires on May 05, if meanwhile i need to change to J1 visa, can I do that from US ?

    J1 get "D/S" on their I-94 instead of a date. So once you changed into J1 status, you would not need to file I-539 for J1 extension of stay. You would remain in J1 status indefinitely as long as you have a valid DS-2019 and comply with the rules of J1 status.
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