Lawful nonimmigrant status ?

T

troymom

Registered Users (C)
Hi,

Does staying in H1B considered lawful nonimmigrant status ?? I have searched all the forum for 'Selective Service' requirement.. But I am not clear.. My husband was came in H1B before he was 26 and got GC later..

Does he need to get Selective service letter? Please advise.

Thanks.
 
troymom said:
Hi,

Does staying in H1B considered lawful nonimmigrant status ?? I have searched all the forum for 'Selective Service' requirement.. But I am not clear.. My husband was came in H1B before he was 26 and got GC later..

Does he need to get Selective service letter? Please advise.

Thanks.
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H1B is a non immigrant status and therefore he was not required to register with selective service (unless of course he obtained GC before he turned 26).
 
troymom said:
Hi,

Does staying in H1B considered lawful nonimmigrant status ?? I have searched all the forum for 'Selective Service' requirement.. But I am not clear.. My husband was came in H1B before he was 26 and got GC later..

Does he need to get Selective service letter? Please advise.

Thanks.
Click to expand...

Lawful non-immigrant status are H1, H4, H3, H2, F1, F2, M, B1, B2, L1, L2, J, C, BCC (see list http://travel.state.gov/visa/temp/types/types_1286.html).

Lawful immigrant status is Green card.

So your husband doesn't need to get Selective service letter because he entered USA on his H1B before he was 26.

Good luck!
 
To make it simple to understand, here it is. Only citizens and green card holders (conditional or permanent) who were below 26 yrs. age need to register for it. Anyone who became a GC after 26 yrs. of age need NOT register.
 
spiderman03 said:
To make it simple to understand, here it is. Only citizens and green card holders (conditional or permanent) who were below 26 yrs. age need to register for it. Anyone who became a GC after 26 yrs. of age need NOT register.
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Out of status and illegal immigrants are required to register as well.
 
Bobsmyth said:
Do you mean conditional GC or a pending application?
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Here is a hypothetical timeline

You were on H1B with Hi1B valid from 01JAN2000 to 01JAN2003

01JAN2002 - You filed I485 and got EAD
01JAN2003 - Your Hi1B expired and you did not bother to renew it
01JUN2003 - You turned 26
01JAN2004 - Your I485 was approved and you became a PR

Were you required to register SS between 01JAN2003 and 01JUN2003? I heard one is considered to be out of status
during that period but because I485 is pending so you are allowed to stay and work.



You file I485 on H-1 and got EAD, then your H1 expires and you do not renew your H1, then you turn 26, then
 
WBH said:
Here is a hypothetical timeline

You were on H1B with Hi1B valid from 01JAN2000 to 01JAN2003

01JAN2002 - You filed I485 and got EAD
01JAN2003 - Your Hi1B expired and you did not bother to renew it
01JUN2003 - You turned 26
01JAN2004 - Your I485 was approved and you became a PR

Were you required to register SS between 01JAN2003 and 01JUN2003? I heard one is considered to be out of status
during that period but because I485 is pending so you are allowed to stay and work.



You file I485 on H-1 and got EAD, then your H1 expires and you do not renew your H1, then you turn 26, then
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Work authorization does not equate to being in status for immigration purposes. If your H1 expires before your GC is approved (before you turn 26), you are essentially out of status and must apply for SS.
 
Bobsmyth said:
Work authorization does not equate to being in status for immigration purposes. If your H1 expires before your GC is approved (before you turn 26), you are essentially out of status and must apply for SS.
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I am not sure if an IO is that meticulous. In the hypothetical case I makde up, an IO may see the GC was approved
after 26 years old so he just think the applicant did not need to register for SS.

But I think to be on safe side, just advise everyone you know under 26 to register SS regardless of theiir visa status.
A F-1 student is exempt from SS but not prohibited from SS
 
WBH said:
What about I-485 pending status?
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If you avail of the benefits of the I-485 (e.g. use your ead or advance parole) then you are no longer in non-immigrant status and you need to register.
H-1 being a dual-intent visa, allows you to remain in non-immigrant status (as long as your visa is valid). If you are adjusting from F-1 (not a dual-intent visa) , you lose your non-immigrant status the day you apply for AOS.
If you let your H-1 expire, essentially you switch over to using the benefits of the I-485 and so if you're under 26, you need to file for selective services.
 
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