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Member Profile: subhav (1 post)

Hello, I'm subhav (report this user)
I am from India
I last logged in on 26 May 2014
I have been a member since 21 Mar 2012
I have added 1 posts in trackitt forums
I added my last post on 26 May 2014
subhav's Immigration Cases
I-140 case: Approved in 4 days (171 days less than average)   (0 comments)
User: subhav Nationality: India
Applicant Type:primaryService Center:Texas
Category:EB2Priority Date:02 Jun 2011
Application Filed:06 Jun 2011USCIS Received Date:07 Jun 2011
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:10 Jun 2011
Total Processing Time:4 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 21 Mar 2012 Last Updated: 21 Mar 2012
subhav's Posts
Posted in I-765 (EAD) Forum on 26 May 2014
Topic: EAD for H4 Visa Holders

Its been a long while since I posted here as I was on a business trip. I am absolutely heartened to see that all our efforts is bearing fruits. Kudos to all members who took their time participating in the email/fax campaign. And a Big thanks to sathish/vinod/anirban etal who egged every one along and convinced OIRA by meeting with them.

That said, I think the quality of comments on the page has definitely improved compared to the last time[ during the retrospective review]. I also see that many of us are taking strains to post detailed rebuttals and data filled comments. These will go a long way compared to the blanket "I oppose" comments which do not have much substance except a few which try to twist some facts.

I agree with most senior members that maintaining a low profile is key. However I am against the idea of shutting down this thread. This thread is a chronicle of history being made. It is also a vibrant thread that many envy about. Most comments are positive and encouraging and helpful. It is an achievement in itself that after near 200 pages, we are still on topic and have not deviated from our goals. I am proud to be part of this. So I request that we dont shut this thread down. Instead like kamakaze said a few pages back let us adhere to ground rules.

And to respond to dataGuy:
You are mostly right. My wife was in the same dilemma last year when she decided to do a Masters degree. We were wavering whether to move to F1 or stay in H4. I discussed this with my lawyer. There are pros and cons to both approaches.
- According to my lawyer, moving to F1 is possible even after filing I-140. However, You may get into problems if you leave USA and go for stamping as you will have to answer this "immigrant intent" question. But you can still do it but with some hassle.
- If you want to safely avoid hassle, its better to convert to F1 using COS and not leave USA until you either convert to H1 or get EAD through green card processing. But being in a family we do have commitments that require us to visit our families abroad. So I wanted to have the flexibility.
- According to my lawyer, it can get into a grey area when OPT starts on F1 and the green card progresses to I-485. When we file for EAD in I-485, I have heard that the F1-OPT EAD is invalidated. I have read about several cases where people are in a dilemma and some cases where they had to quit the job in order to get the EAD.
- Another case against F1 route is that once you get F1 OPT, its advisable not to leave the country[ according to the ISSS director in my old university]. Being in a family where visiting loved ones in the home country is something I dont want to sacrifice.
- Additionally, when studying in F1, We will have to pay the "out-of-state" fees, which is hard to afford on a single income. Whereas on H4 you can get "instate" fees which is very affordable on a single income. Also I get to take tax deductions for the tuition paid.

- But of course F1 Trumps H4 when it comes to jobs. With an F1 OPT, its a direct route to the job market. But with H4, you are forced to stay at home after completion of studies. You can look for jobs but whats the probability that you find someone who wants to hire you and file for H1B in March and wait 6 months for you to join in october. So Thats where F1 has the biggest advantage for married families.

So I took a risk an relied on the passage of CIR or the H4 EAD rule to happen, and my wife is currently studying on H4. The passage of this rule definitely will help many other families in the same situation like mine.

So lets keep adding quality comments and hope we can see the light at the end of the tunnel pretty soon.
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