saduja said:
Copied following from Immigration.com FAQ. This seems to be contradictory to what great guru is saying. Any comments?
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Q84 My husband is about to complete his 6 years of H1B status within next 6 months. I have applied for my H1B. My question is, in case if my husband's company is not going to extend his H1B can he stay over here as a dependent on my H1B. Will there be any further problems for processing my GC
A84 If you are not covered by the provisions in the new laws that permit extension of H-1 beyond 6 years, your choices are severely limited. Once your 6 years of H-1 expire, the only way to reset the clock is to leave the U.S. for one year. After one year, you will have another 6 years of H-1 available.
In the alternative, you can TRY changing to another status such as O-1 or F-1 (student) , if you wish to continue to live in the U.S. But that does NOT reset the H-1 clock. But once I-140 has been filed, USCIS is reluctant to grant F-1 status. Filing for and obtaining an "O" visa may be another option if you an exceptionally qualified individual. The advantage of an "O" visa is that it can be renewed year to year indefinitely.
If you have a green card application pending, that can continue even if you left the country or changed to another status, if the employer wishes to have it continue. Of course, pendency of a GC application is NOT a deterrent for a new H-1 to be issued after one year abroad.
You can also try filing for Canadian Permanent Residence.
(Posted on 09 February 2004)
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I have seen the Q &A not only for this issue for different issue, from different site. I will give another classic example.
I have consulted Carl Shusterman after paying $350 per half hour.
Candidate was H4 and pending immigrant, I 130 was approved waiting for PD to be current to file i 485. Mean time candidate wanted to study in a school and got I 20, want to change F1.
Everybody knows pending immigrant can not get non-immigrant visa especially F1 visa, based on that (Go and check several sites Q&A), I thought of going to above mentioned attorney for consultation.
Consultation started, he was adament to see the candidate's passport first, after reluctant I showed to him.
Then I started to put the situation infront of him,
His answer was, it is impossible , I have worked more than 10 yrs with immigration dept itself.
If pending immigrant start applying for F1 , the candidate will be deported. This was his exact word.
This is not Q & A session, advise - face to face to with attorney.
Saduja, What will you do? Since attorney told that is the final.? (As per your posting)
I have done my own research, finally i convinced myself deportation never be done for this kind of situation, though attorney warned several times during the consultation.
I applied F1 (COS from H4 in the year 2001), yes I got big RFE, why you want to change to F1 ?dada dada dada etc.?
All the RFE's were answered, with sufficinet evidence document, and F1 was finally approved.\
based on this experience, in this same forum several people got benefitted and got their F1 approved. (With F1 they can go for 1 yr OPT otherwise no chance). Several people pUt Q&A and commneted Great guru posting is contrary to Q&A and all but still too many people benifitted from my experience.
Final Verdict>
See, read, consult, but do not follow blindly.
Do your own research, look for loop holes, get others "practical experience" and go ahead with resoving the issue.
Non immigration is the topic, very tough to understand, not every body issued visa, even though everybody equally qualified to get one. Any valid answers.
If any body's h4 is get rejected in this situation, tell me then I will accept your evidence. Untill then I have my own proof.