February 2003 I140/I484 concurrent Filers - READ ONLY

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hi begrycakk

hi begrycakk,
I fall pretty much in the same bucket as of yours. My notice date is March 12th. I already got my FP notices. I am planning to get married in couple of weeks and add my wife as follow up. Her current status is also F1. Can she still stay on her on F1 visa until she gets her GC? Or Does she needs to revalidate her visa, or something else?

please provide the information
Thanks
 
ayachitins question

as soon as you apply 485 for your wife, her F-1 would get invalidated theoritically. she can stay here(and study) on the basis of her permanent residence application. The reason why F-1 wont be valid is because 'F' visas dont have "dual intent" like 'H' visas. Dual intent means staying here on a tempary basis for work/study and at the same time intend to stay here permanently in the long run.

so while your 485 is in process one can still use H-1/H-4 visas(if they are valid) but not F-1. so when u apply for her 485 you should apply for EAD/AP as well to avoid any trouble later.

hope that answers your question
 
hi begrycakk

Hi begrycakk,

thanks for the info. I am going apply for EAD and AP for my wife, anyhow. But what I wanted to know is, does she need to get her VISA in passport revalidated as soon as she applies as follow on? What would be her state, if I am laidoff before getting GC? Can't she stick on to F1 visa until she gets GC?

Can you provide me your contact details so that I can get clarified few questions in detail?

Thanks
 
Re: hi begrycakk

Once your wife file I-485, I would suggest that she also file H4 immediately. Based on Feb. 28th's memo from INS, everything your wife got (I-765, I-485 etc) will be invalid if your I-140 deny. She will lost status if this happens but apply for H4 would elimulate this problem.

Originally posted by ayachitins
Hi begrycakk,

thanks for the info. I am going apply for EAD and AP for my wife, anyhow. But what I wanted to know is, does she need to get her VISA in passport revalidated as soon as she applies as follow on? What would be her state, if I am laidoff before getting GC? Can't she stick on to F1 visa until she gets GC?

Can you provide me your contact details so that I can get clarified few questions in detail?

Thanks
Click to expand...
 
tuff scene

if you are laid off, even you are out of status!!! so the same rules of "status" will apply to both of you.
I would assume your wife can still maintain her student status after re-validating her I-20 from her school and before re-entry she may also need to get visa stamped(i am not 100% sure about it).

I will try finding out the 'rules' from my lawyer and my wife is also trying to find out from her school...

If someone else already found out....and can share info, that wud be great!
 
students be careful!

I forgot to mention in my previous email. Please be very careful if you are changing status from F-1 to H-1/H-4...i know cases where people got stuck for visas since INS may do a background check! A friend of mine is stuck in India since August !!!

I would still assume that in case 485 application becomes void then one can still go back to student status easily....stamping of visa might be the only problem.
 
thanks hsteven29 & begrycakk

thanks hsteven29 & begrycakk,

1. As my wife has F1 status until 2005, is it not safe for her to remain on F1 until she gets GC?

2. In case of I-140's deniel, can't she switch back to F1 status? Does she need to go out of the country and enter in to switch back on to F1? How does that work?


I am really clueless at this point of time. Please help me. In the mean time I will check these details with my lawyer too.

Thanks
 
clueless

ayachitins

1) how can one maintain F-1 and still get GC? F-1 is valid if ur wife doesnt apply for 485 and w/o 485 how can she get GC? You can probably wait for 140 approval before filing for her 485 but i guess you have already did a concurrent filing and plan to just add your wife's 485 later.

2) I am not sure about rules for re-validating of F-1. Let me know if you get any information on this.

As a matter of fact, once 485 is filed, one cant even apply for OPT via school, you have to go the EAD route.
 
Update

Guys,
Just recieved my reciepts for the I-765 and I-485.
I have updated the document.

Thanks
 
Updated XLS

Yesterday received Notice dates for me and for my wife.Have updated my info.

pareshv75 ,have you received yours?


Spek
 
I485 application sent back

Guys,

I got my receipt for I140. March 14th RD and March 18th ND. We mailed all I140/I485 on March 3rd. There was no signature at one point in I485 and INS sent it back. My bad luck. Dont know when I will get receipt for I485/EAD/AP.

I updated the excel sheet.
 
EAD/AP approved

Catagory: EB3

I-140
ND: Sept 04 02
AD: Not yet

I-485
RD: Feb 11th 03
ND: Mar 11th 03

EAD/AP
RD: Feb 11th 03
ND: Mar 11th 03
AD: Mar 28th 03

Haven't received any receipts other than for AP. Got the EAC nos. from the check. Hang on there guys...you'll all hear soon.
Good luck.
 
The wierdest thing happened

I have not been checking the status of my I-140 (concurrent filing on 2/11/03). Happened to check it today, and it has been APPROVED!!
(I am EB2-NIW for physician working in underserved areas)
AD: 4/1/03 - hope not someone's cruel april fools joke!

updated xls attached
 
some news...

We have got our finger printing notices...the scheduled date is 1stMay.

hopefully, EAD/AP will come soon as well!

attached is the updated file
 
I-765 approval

Guys,
Just checked the status of my EAD. It was approved on 04/05/2003.
I have updated the list.

Thx
 
MY INFO

MD: 2/21
RD: 2/24
ND: 2/19 ???

LAWYER SAYS NOTICES FOR 765 AND 485 NOT RECEIVED AS YET. ONLINE CASE STATUS DOESNOT GIVE STATUS IF MAILED FOR ANY OF THEM?

COULD THIS BE A PROBLEM, IS A RFE DUE??
:confused:
 
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