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L

Lincoln

Registered Users (C)
Hello, Friends in this forum,

My self-petitioned NIW was approved on 11/5/2002. I’m currently a PhD candidate in Computer Science at a University. I filed I-485 with RD 8/16/002.
For my NIW experience, please see:

http://boards.immigrationportal.com/showthread.php?s=&threadid=64813

My question is:
Since the 485 will most likely take more than a year, can I graduate before that happens? Will that implicate the process?

I’ve also applied for EAD, does that mean my status will change from F-1 student to something new? Is it harmless to use the EAD to find some job before I graduate or should I wait until the I485 approval?

PS: see, there is always incessant worry in life :)
Lincoln
 
Originally posted by Lincoln
Hello, Friends in this forum,

My question is:
Since the 485 will most likely take more than a year, can I graduate before that happens? Will that implicate the process?

I’ve also applied for EAD, does that mean my status will change from F-1 student to something new? Is it harmless to use the EAD to find some job before I graduate or should I wait until the I485 approval?

Lincoln
Click to expand...

Yes, you can graduate but you must be working in the same field for which your petition was approved. You might want to consult with an attorney to ensure that you meet the public charge criteria in the event you are still a student.

Your status will remain F-1 until the I-1485 is aproved or you *use* your EAD to work. At that point (for the latter case), your status changes to adjustee. In either case, you will need to apply for Advanced Parole before you leave the country for any reason. If you leave the country, you will return using AP and your status changes to "adjustee" as well. As of today, you will no longer be able to leave the country and return under F-1 status because dual intent is not permitted.

Brian
 
Some question regarding the AP issue

Some question regarding the AP issue:
I am a H-1 now. If I leave the country and return using AP, will my status changes to "adjustee" or still H-1?
Thanks.
 
Re: Some question regarding the AP issue

Originally posted by jimhu17
Some question regarding the AP issue:
I am a H-1 now. If I leave the country and return using AP, will my status changes to "adjustee" or still H-1?
Thanks.
Click to expand...

AP is not required for H1 or L1 status (i.e. duel intent is allowed). You can return using the H1B and not use AP. You really don't need the AP unless you use the EAD to work. If you never use the EAD and remain on H1B, you don't need the AP.

But, to answer your question, if you do use the AP, your status will change to "adjustee" thus voiding the H1B.

Brian
 
Thank you, Brian

Thanks for the suggestions.

About the public charge,
I think I should be OK since me and my wife filed I-485 together
(in seperate filing, of course), her income + mine > poverty
level.

Regards,
Lincoln
 
AP issue again

Hi,Brian:
I tranfered from F-1 to H-1 in states. I do not have H-1 visa stamp in my passport. When I go back to visit my home country, I need to go to US consulate to get H-1 visa which might be inconveniebt. Somebody claimed his visa was held 1 month probablyf for security check.
In order to save trouble, I want to come back using AP. I do not know if Brian is correct on the AP issue. Somebody else told me if I use EAD to work, my H-1 becomes void; if I enter using AP, I still maintain H-1 status. Very confusing.
Thanks,
 
parolee

When you come back to USA with advance parole, you are a parolee, no longer H1b non-immigrant worker. You have to use work authorization card to work. That is the truth.
 
Re: AP issue again

Originally posted by jimhu17
Hi,Brian:
I tranfered from F-1 to H-1 in states. I do not have H-1 visa stamp in my passport. When I go back to visit my home country, I need to go to US consulate to get H-1 visa which might be inconveniebt. Somebody claimed his visa was held 1 month probablyf for security check.
In order to save trouble, I want to come back using AP. I do not know if Brian is correct on the AP issue. Somebody else told me if I use EAD to work, my H-1 becomes void; if I enter using AP, I still maintain H-1 status. Very confusing.
Thanks,
Click to expand...


You're right. It may not be worth it to get the visa abroad if you are born in a country deemed a security risk. However, there is no guarantee that you won't face extra scrutiny when you try to enter with AP either. Your best bet may be to suck it up and not travel for a couple of years.

Frankly, I never had to deal with the visa thing as I am a Canadian Citizen thus had me H1B stamped right at the border.

Brian
 
Re: AP issue again

Originally posted by jimhu17
Hi,Brian:
I tranfered from F-1 to H-1 in states. I do not have H-1 visa stamp in my passport. When I go back to visit my home country, I need to go to US consulate to get H-1 visa which might be inconveniebt. Somebody claimed his visa was held 1 month probablyf for security check.
In order to save trouble, I want to come back using AP. I do not know if Brian is correct on the AP issue. Somebody else told me if I use EAD to work, my H-1 becomes void; if I enter using AP, I still maintain H-1 status. Very confusing.
Thanks,
Click to expand...

An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

More info
http://www.shusterman.com/hlmemo500.html
http://www.murthy.com/UDnewins.html
http://www.immigrationlinks.com/news/news301.htm
This has better explanation
http://www.jackson-hertogs.com/JH/faq/ins-trav.htm
http://www.visalaw.com/00may3/16may300.html
http://www.vkblaw.com/news/fivehundredfortyonea.htm
http://www.kapoorlaw.com/update65-000316.ht
 
Re: parolee

Originally posted by yitizhu
When you come back to USA with advance parole, you are a parolee, no longer H1b non-immigrant worker. You have to use work authorization card to work. That is the truth.
Click to expand...

That is incorrect

see
http://www.shusterman.com/hlmemo500.html
http://www.murthy.com/UDnewins.html
http://www.immigrationlinks.com/news/news301.htm
This has better explanation
http://www.jackson-hertogs.com/JH/faq/ins-trav.htm
http://www.visalaw.com/00may3/16may300.html
http://www.vkblaw.com/news/fivehundredfortyonea.htm
http://www.kapoorlaw.com/update65-000316.ht
 
Re: parolee

Originally posted by yitizhu
When you come back to USA with advance parole, you are a parolee, no longer H1b non-immigrant worker. You have to use work authorization card to work. That is the truth.
Click to expand...

read following
http://www.shusterman.com/hlmemo500.html
http://www.murthy.com/UDnewins.html
http://www.immigrationlinks.com/news/news301.htm
This has better explanation
http://www.jackson-hertogs.com/JH/faq/ins-trav.htm
http://www.visalaw.com/00may3/16may300.html
http://www.vkblaw.com/news/fivehundredfortyonea.htm
http://www.kapoorlaw.com/update65-000316.ht
 
Processing time??????? in NSC

Congratulations, buddy.

but I am really confused, becasue the NIW processing time in NSC is still in 3/29/02, if your case sent to NSC on 6/02, how could it be possible that they check your case first?

thanks for any reply.
 
NSC processing time

Though the official time is 3/29/2002, I indeed have gotten mine approved on 11/5/2002.

I think the timeline is not absolute, it is the "Latest" time, i.e., those most unlucky remaining application's time...

Also, if you get RFE, that will delay a few more months. I got mine approved without any delay. One shot, that is it.

Since several people asked me my experience in more detail via private message, let me answer here: I benefited a lot from the DIY package I got from usaia.org (I purchased two packages from two merchandises, and found the one from usaia.org most useful. It takes creativity to get NIW approval, especially in today's circumstances. You need to argue those points forcefully and cleverly. I think how you argue your case persuasively is the key to success.
 
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