OT: H1 reapplying after being on EAD, 3 years still left on H1

[desi3933]

Are you saying that I-485 will be rejected for people on F1?

In case of marriage he does not need I-140 and I-130 he is included in I485 as dependant (spouse). Finally he can be refugee

If person is spouse of US citizen he/she needs I-130 and can file I-485 irrespective of status.
If person is spose/dependent of another person who has approved/pending I-140 (and current PD) can also file of I-485 irrespective of status.

You didn't answer my question:
Are you saying that I-485 will be rejected for people on F1?

 

[baby_mde]

Please verify information with your lawyer.
_________________
desi3933@gmail.com

Desi3933,

Incase if 485 gets denied, I will go to US consulate in India for H4 Visa stamp. But I get Visa stamp in my passport only if my spouse has visa stamp in my spouse (who is on H1) passport. Is that right??

If the answer to the above question is yes and If my spouse uses AP to enter into US, without getting Visa Stamp and then later if 485 gets denied, I might me in trouble.

Because, I have to leave the country and I can not enter US with H4 visa because my spouse does not have Visa Stamp in my spouse's passport.
In this case only option is to have H1 for my self. Am I right?

 

[sfmars]

If person is spouse of US citizen he/she needs I-130 and can file I-485 irrespective of status.
If person is spose/dependent of another person who has approved/pending I-140 can also file of I-485 irrespective of status.

You didn't answer my question:
Are you saying that I-485 will be rejected for people on F1?

You didn't answer my question:
Are you saying that I-485 will be rejected for people on F1?

If there is no any other circumstanstances, I would say YES.[/QUOTE]


I thought we are not talking about people who are sponsored by US citizens.
In case if spouse of individual (student F1 visa) has I140 approved. F1 student can jump directly to I485. He does not violate the law because marriage is one of the few exceptions, however F1 is not dual intent visa.

You need to have some reasons to prove cahange of your status from F1 to I485, marriage , refugee. Kind of changes of circumstances at some point.

I have argued with "personal examples" like F1 used LC substitution (without intermidiate H1).

http://boards.immigrationportal.com/showpost.php?p=1586058&postcount=61

 

[desi3933]

For H4 stamping, Spouse does not need to have H1 visa stamp in the passport

Desi3933,

Incase if 485 gets denied, I will go to US consulate in India for H4 Visa stamp. But I get Visa stamp in my passport only if my spouse has visa stamp in my spouse (who is on H1) passport. Is that right??
No. You need Form I-797 (Notice Of Action) of H1B of your spouse. Of course you will need other documents such as marriage certificate, past 1040 tax forms showing both names etc.

If the answer to the above question is yes and If my spouse uses AP to enter into US, without getting Visa Stamp and then later if 485 gets denied, I might me in trouble.
Is your spouse maintaining H1 status? Why can't your spouse use H1 to enter US.

Because, I have to leave the country and I can not enter US with H4 visa because my spouse does not have Visa Stamp in my spouse's passport.
In this case only option is to have H1 for my self. Am I right?
See above. For H4 stamping, Spouse does not need to have H1 visa stamp in the passport.

Please verify information with your lawyer/attorney.
_________________
desi3933@gmail.com

 

[desi3933]

If there is no any other circumstanstances, I would say YES

I thought we are not talking about people who are sponsored by US citizens.
In case if spouse of individual (student F1 visa) has I140 approved. F1 student can jump directly to I485. He does not violate the law because marriage is one of the few exceptions, however F1 is not dual intent visa.

You need to have some reasons to prove cahange of your status from F1 to I485, marriage , refugee. Kind of changes of circumstances at some point.
Sure, that is the basis of filing for I-485. One example: F1 person can file I-485 because he/she has valid job offer from abc and approved I-140 petition. Immigration Intent can be an issue if person files I-485 within 30-60 days of entering on F1 (or B1/TN/J1 for that matter), but if this is a longer period this should not be issue. Remerber 30-60-90 rule

I have argued with "personal examples" like F1 used LC substitution (without intermidiate H1).

http://boards.immigrationportal.com/showpost.php?p=1586058&postcount=61

 

[sfmars]

Immigration Intent can be an issue if person files I-485 within 30-60 days of entering on F1 (or B1/TN/J1 for that matter), but if this is a longer period this should not be issue. Remerber 30-60-90 rule

I read one more time Shusterman's interpretation of Dual Intent Doctrine
http://www.shusterman.com/di-vsa.html and did not find there 30-60-90 and even 180-360 days rule.

That's why I would say "The Law is Law"

 

[desi3933]

I read one more time Shusterman's interpretation of Dual Intent Doctrine
http://www.shusterman.com/di-vsa.html and did not find there 30-60-90 and even 180-360 days rule.

That's why I would say "The Law is Law"

http://www.usvisahelp.com/art_intent.html
In 1976, a landmark court case called Seihoon v. Levy clearly set the boundaries of the INS in determining the intent of individuals.

You may also be interested in this 30-60-90 rule
http://www.mathonline.org/mho/view.cgi?22420

 

[sfmars]

http://www.usvisahelp.com/art_intent.html
In 1976, a landmark court case called Seihoon v. Levy clearly set the boundaries of the INS in determining the intent of individuals.

Do you want to say that someone who comes here originally in B/F status can use that decision to file AOS right away after 90 days ?

I would not count on it.

You may also be interested in this 30-60-90 rule
http://www.mathonline.org/mho/view.cgi?22420

That is very good stuff. Do you have more such type of rules ?
I bet you have huge collection of such puzzles.

 

[desi3933]

Do you want to say that someone who comes here originally in B/F status can use that decision to file AOS right away after 90 days ?

Yes, if he/she has approved/pending I-140 and current PD

I would not count on it.
That's your choice


That is very good stuff.
I am glad you liked it.

Do you have more such type of rules?
I bet you have huge collection of such puzzles.

 

[sfmars]

That trial happened in 1976 (30 years ago) I think at that time there were no H1, L1 and especially E visas and it was only one way to get green card through the consular processing. INS recognized Dual Intent Doctrine in 1990, even after that Department of State did not recognized dual intent.

Some B/F/J/ people may lie or do not tell everybody all details.

Lawyers say that only H/L/E are dual intent.

 

[desi3933]

That trial happened in 1976 (30 years ago) I think at that time there were no H1, L1 and especially E visas and it was only one way to get green card through the consular processing. INS recognized Dual Intent Doctrine in 1990, even after that Department of State did not recognized dual intent.

Some B/F/J/ people may lie or do not tell everybody all details.

Lawyers say that only H/L/E are dual intent.

Dual Intent and Filing of I-485 are 2 different things.

Dual Intent allows person to get H1/H4/L1/L2 visa even when I-485 is pending or person has immigrant intent.

Filing of I-485 does not depend on status and any person who has immigrant petition pending or approved can file for AOS.

 

[sfmars]

looks like a lot of activity today.

regarding filing 485 when one is on f-1, b-1/b-2; it is such an elementary topic that isn't even worth discussions.

Desi; you are wasting your time explaining to sfmars.

Right,

Listen to daddy.

 

[GotPR?]

Right,

Listen to daddy.

What happened to H1 quota discussion ?

 

[sfmars]

What happened to H1 quota discussion ?

Big daddy strongly recommended you not to talk to me.
Did you get his approval to continue discussion or you do not listen to him ?


It is fun for me to to talk to people but some people consider their presence here as business and opportunity to make money.


If you say that it is also fun and entertainment for you and you do not listen to Big daddy we can continue.

 

[GotPR?]

Big daddy strongly recommended you not to talk to me.
Did you get his approval to continue discussion or you do not listen to him ?


It is fun for me to to talk to people but some people consider their presence here as business and opportunity to make money.


If you say that it is also fun and entertainment for you and you do not listen to Big daddy we can continue.

Well, i'm trying to entertain other people here with your non-sense.
Again, what's your conclusion on H1 quota ?

 

[sfmars]

Well, i'm trying to entertain other people here with your non-sense.
Again, what's your conclusion on H1 quota ?

First of all you did not answer to question regarding approval.

The second your statement proves that you are entertainer. It means businessmen to me.

I do not see any reasons to continue conversation with businessmen.
Time is money for them.

 

[GotPR?]

First of all you did not answer to question regarding approval.

The second your statement proves that you are entertainer. It means businessmen to me.

I do not see any reasons to continue conversation with businessmen.
Time is money for them.

Someone tries to avoid answering the question on specific topic, instead, starting irrelevant accusation. Such a response is typical when someone knows he was wrong, but still does not want to admit he was wrong.
Anyway, people here pretty much knows that H1 quota is not applicable in OP's case, so that I don't need to continue this non sense.

 

[sfmars]

Someone tries to avoid answering the question on specific topic, instead, starting irrelevant accusation. Such a response is typical when someone knows he was wrong, but still does not want to admit he was wrong.
Anyway, people here pretty much knows that H1 quota is not applicable in OP's case, so that I don't need to continue this non sense.

http://boards.immigrationportal.com/showpost.php?p=1597739&postcount=60