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Member Profile: IANAL (18 posts)

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Hello, I'm IANAL (report this user)
I am from Zimbabwe
I last logged in on 20 Jun 2013
I have been a member since 29 May 2013
I have added 18 posts in trackitt forums
I added my last post on 20 Jun 2013
IANAL's Posts
Posted in H-1B Forum on 20 Jun 2013
Topic: Have to get my PhD degree before I start working in a company?

If you already have a masters, then that is enough to get you into EB2. The PhD makes PERM easier but a lot of people get PERM with "just" a masters. (I think the majority get it with a bachelors...)
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Posted in I-485 Forum on 13 Jun 2013
Topic: If cir passes, benefits to EB category..

On page 1635 of the immigration reform bill: http://www.gpo.gov/fdsys/pkg/BILLS-113s744rs/pd...

"(2) The Secretary of State may, at the Secretary's discretion, renew in the United States the visa of an alien admitted under subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or (W) of section 101(a)(15) if the alien has remained eligible for such status and qualifies for a waiver of interview as provided for in subsection (h)(1)(D)."

But I'm not sure if it would apply to those who changed status to H1-B (with e.g. an expired H4 or F1 stamp in their passport), or only to people with an expired H1-B stamp.
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Posted in I-485 Forum on 12 Jun 2013
Topic: Change of Address

If you paid rent by check, see if you can look up your checking account history and find out who you were paying rent to at different times? (For example, my bank's website lets you pull up scanned images of old checks.)
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Posted in H-1B Forum on 12 Jun 2013
Topic: CIR will allow H1-B stamp renewal in the US?

On page 1635 of the immigration reform bill: http://www.gpo.gov/fdsys/pkg/BILLS-113s744rs/pd...

"(2) The Secretary of State may, at the Secretary's discretion, renew in the United States the visa of an alien admitted under subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or (W) of section 101(a)(15) if the alien has remained eligible for such status and qualifies for a waiver of interview as provided for in subsection (h)(1)(D)."

That would save a lot of time! Would it apply to a first time stamping after a change of status, or only to people who already had an H1-B visa stamp which expired?
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Posted in I-765 (EAD) Forum on 12 Jun 2013
Topic: EAD for H4 Visa Holders

This will be a really funny situation - the H1-B holder will have less freedom than their H4 spouse!

If the H1-B so much as moves to a different office of the same company, the employer has to file new LCA and amend H1-B, meanwhile the H4 can work for anyone, anywhere, any time!
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Posted in I-485 Forum on 12 Jun 2013
Topic: Encouraging prediction for EB2 I Sep Bulletin

The predicted date for EB2 China is after the date for EB3 China, is that even possible? I would have thought current under EB3 automatically implies current under EB2 ... otherwise people will start porting from EB2 back to EB3, which is ridiculous.
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Posted in I-485 Forum on 12 Jun 2013
Topic: H1B + EAD: Can I get paid as a consultant


You can come back to US using EAD card. I am not sure how to roll back from EAD to H1B.



You can enter the US on AP, not EAD (they are often on the same card these days, but you should check before relying on that).

I think you can go back to H1B by having an employer petition for you again. Since you were previously on H1B the petition would be cap exempt. However if you've been on H1-B status more than 6 years and your I-485 is denied, they probably won't extend it past the 6 years. In that case it's better if you worked on EAD since that doesn't count towards the H1-B time limit.

This site recommends EAD over H1-B for several reasons:

http://www.imminfo.com/Library/AC21/h_...

If you use EAD you must also fill in a new I-9 with your current H1-B employer so that you are on record working for them under EAD (since your H1-B employment authorization is no longer valid).
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Posted in I-485 Forum on 12 Jun 2013
Topic: H1B + EAD: Can I get paid as a consultant

It's not violating a law, but you will lose H1-B status. (Although that can be restored if an employer petitions for an H1-B for you again.)

The difference being, if your I-485 is denied, your EAD immediately becomes invalid. If you still have H1-B status, you can continue working on H1-B status. But if you lost H1-B status, you must stop working immediately.

If your I-485 is approved, then it makes no difference.
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Posted in I-485 Forum on 12 Jun 2013
Topic: Pending I-485 based on EB2 to approval based on approved EB1

Did you ask USCIS to link the I-485 to the new I-140?

http://www.immigration.com/faq/us-green-card/fo...

"If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval."
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Posted in I-485 Forum on 12 Jun 2013
Topic: CIR 2013


It will be good to know how many of these amendments are related to the legal immigration potion of the bill that most of us are concerned about



Only a few, most of them are about DREAMers and border security. Here is a summary of the proposed amendments from AILA:

http://www.aila.org/content/fileviewer.aspx?doc...
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Posted in I-485 Forum on 07 Jun 2013
Topic: How Long do I have to wait for GC

According to USCIS website, on May 21, 2013, Texas Service Center was processing employment I-485s from Nov 27, 2012: https://egov.uscis.gov/cris/processingTimesDispl...

So the processing time is about 6 months?
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Posted in I-485 Forum on 05 Jun 2013
Topic: Mexico border experience to get new I-94 (use Advance parole)?

Do you mean you want to extend your I-94 beyond the validity of your H4 status? I doubt they will do that.
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Posted in I-485 Forum on 03 Jun 2013
Topic: if 485 declined, can you go on f1 again?


well, I am currently getting a part-time mba and also working and want to change jobs. so if i change job and file ac21 and 485 is denied due to some reason I need to still attend school and get my degree.


F1 is meant for full time study. You cannot work on F1 (except on campus as TA or researcher, or for internship in your field on OPT.)

On the other hand you can study part time on H1-B while also working. So you are probably better off on that.


but thats when you travel that becomes an issue. what if you do not leave US?


They could deny your change of status to F1 based on immigrant intent.
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Posted in I-485 Forum on 01 Jun 2013
Topic: Mexico border experience to get new I-94 (use Advance parole)?

Is it necessary to actually cross a border? Can't you just go to a CBP Deferred Inspection site? There are many, e.g. at international airports. As far as I know, immigration officers there have the same authority as ones at the border:

http://www.cbp.gov/xp/cgov/toolbox/contacts/def...
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Posted in H-1B Forum on 30 May 2013
Topic: Ok to travel multiple times once visa stamping successful?

Should be fine, as long as you have an unexpired visa stamp and under "entries" it says "M" for multiple, rather than a number. See http://travel.state.gov/visa/temp/info/info_...


* A visa issued for a single entry (denoted on the visa under “Entries” with the number 1) is valid, or can be used from the date it is issued until the date it expires to travel to a U.S. port-of-entry one time.
* A visa issued for multiple entries (denoted under “entries” with a certain number (2, 3, etc.) or “M” for multiple/unlimited entries) is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that:
- Applying for a new visa is not necessary if your visa has not expired and you have not exceeded the number of entries permitted on your visa.
- Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have.
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Posted in H-1B Forum on 30 May 2013
Topic: Does H1B allow to do executive MBA program in the US?

You can study BUT you must also still fulfil the conditions of your H1-B - full time or part time work with your sponsoring employer. Check with your lawyer.

to spideey666:

I don't think there is any requirement that he carries all the expenses. If his employer wants to pay some of it, that's allowed. However he cannot work on campus for the university (which would be allowed in F1 status).
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Posted in H-1B Forum on 29 May 2013
Topic: H1B Visa stamping upon renewal of H1B as GC is awaiting

H1-B visas are Dual Intent, meaning that immigrant intent is allowed and should not stop you from renewing or entering on H1-B.

http://en.wikipedia.org/wiki/Dual_intent

However ask your lawyer to be sure.
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