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Member Profile: docsp1 (11 posts)

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Hello, I'm docsp1 (report this user)
I am from India
I last logged in on 10 Mar 2015
I have been a member since 19 Feb 2015
I have added 11 posts in trackitt forums
I added my last post on 10 Mar 2015
docsp1's Posts
Posted in H-1B Forum on 10 Mar 2015
Topic: I-539 : Processing time for H4 to F1

Cdiah,
In that case ask your lawyer again. Out of status and staying past I94 are two different things. Being out of status does not trigger the 3-10 yr ban. Confirm this with your lawyer. I was also very confused about all these terms as I was out of status as of 12/31/14 on H1 when I quit my job but my I94 was still valid till October 2015 so my lawyer told me I will not accrue unlawful presence till October 2015.
http://www.murthy.com/2013/06/03/differences-be...

"No Automatic Unlawful Presence After Violation of Status

A foreign national with a facially valid I-94 card, who commits a status violation, does not automatically begin to accrue unlawful presence. Rather, s/he is considered to be out of status, but still in a period of authorized stay, unless and until a formal finding is made by the DHS or an immigration judge. This does not mean that such a person can or should remain in the United States. Despite the misleading phrase "period of authorized stay," a foreign national with this designation is not legally in the United States, and can be removed (i.e. deported) by the U.S. government. Being in a period of authorized stay simply means that one does not accrue unlawful presence, which, as explained below, relates to a number of additional immigration penalties."
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Posted in H-1B Forum on 10 Mar 2015
Topic: I-539 : Processing time for H4 to F1

To Cdiah,
Are u out of status or past your I94 date or both?
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Posted in H-1B Forum on 10 Mar 2015
Topic: I-539 : Processing time for H4 to F1

If you applied for COS while you were out of status, I think it will be best to get consular processing before u get a decision from USCIS because the chances are change of status might not be granted. This is my personal advice not a legal opinion.
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Posted in H-1B Forum on 10 Mar 2015
Topic: I-539 : Processing time for H4 to F1

To Cidiah
http://www.uscis.gov/sites/default/files/USCIS/...

"Even though you are not actually in a lawful nonimmigrant status,
you do not accrue “unlawful presence” for purposes of inadmissibility
under section 212(a)(9)(B) of the Act, while your change of status
application is pending if it was filed prior to the expiration of your
Form I-94."
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Posted in H-1B Forum on 10 Mar 2015
Topic: I-539 : Processing time for H4 to F1

To Cdiah.
I am pretty sure if your COS was applied before your last status expired then you are in period of authorized stay while it is pending. Even if it is denied your unauthorized stay starts from the date of denial decision. Please confirm this with a good immigration lawyer before you make any decision.
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Posted in H-1B Forum on 10 Mar 2015
Topic: I-539 : Processing time for H4 to F1

H1 to H4 COS. Application date 12/5/14. Got approval yesterday from CSC.
All the best to everybody. It took 3 months for my application to get approved. It was pretty stressful to wait as I had quit my job on Dec 31st. So I was worried about being out of status if the application got denied plus I could not travel because of pregnancy.
Wish everybody gets their approval soon. The wait is no fun.
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Posted in I-765 (EAD) Forum on 19 Feb 2015
Topic: EAD for H4 Visa Holders

I like Jyothy's story a lot. This is an example where H4 ead is a requirement to keep the family together and she has tried to get H1 and has not gotten any luck.
Jyothy, Sorry that u have be away from your husband and we all hope that u will get your ead soon.
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Posted in I-765 (EAD) Forum on 19 Feb 2015
Topic: EAD for H4 Visa Holders

Also if I remember correctly during the proposed rule stage, one question that was asked was 'y H4 don't go to H1 or other visas if they want to work' and our representatives had replied that getting an H1 is not always possible because of yearly caps and some professions are not eligible for H1b. So plz don't mention doctors going on H4 when we have unlimited J1 and mostly cap independent H1bs.

to docsp1:



Dude do not try to confuse things. We are not talking about cases converting to H4 here. The case is about a doctor on H4 for past 4 years. So do not keep confusing with your own interpretation.

Prado,
I don't want to argue with you or antagonize you. If you read my comment I did not mean you will convert to H4 but that being a doctor you can convert to other visas if you want to work. And like I said its up to you. IF you think it makes a strong point go with it.
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Posted in I-765 (EAD) Forum on 19 Feb 2015
Topic: EAD for H4 Visa Holders

Prado,
Its up to you and other members. you can decide. J1 does not mean you go back. I was on J1 and none of my colleagues or I went back. Getting waivers spots are a hassles but almost everybody gets it. Ultimately its up to you.
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Posted in I-765 (EAD) Forum on 19 Feb 2015
Topic: EAD for H4 Visa Holders

Also if I remember correctly during the proposed rule stage, one question that was asked was 'y H4 don't go to H1 or other visas if they want to work' and our representatives had replied that getting an H1 is not always possible because of yearly caps and some professions are not eligible for H1b. So plz don't mention doctors going on H4 when we have unlimited J1 and mostly cap independent H1bs.
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Posted in I-765 (EAD) Forum on 19 Feb 2015
Topic: EAD for H4 Visa Holders

Prado,
I don't think we should mention that doctors would rather love to work on H4 EAD than J1. J1 visa is the favorite amongst government circles. It gets physicians into underserved area for 5 yrs as part of waiver requirements. Also remember the reason for passing H4 EAD. It has less to do with our convenience than the fact that administration feels that by keeping people on H4 without EAD is leading to loss of primary H1b people who are leaving.
So my two cents will be not to mention various other visa categories who can go to H4 and benefit from it and rather focus on y immediate implementation will be good for people who are already on H4.
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