US Immigration Questions

Pending I-485 gives you the right to stay in the United States

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My I-140 and I-485 is pending, my OPT has  expired. Can I stay back in the U.S until I get my green card EAD ?

ANSWER
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FAQ Transcript

Sure, because  you have your I-485 pending. Having a pending I-485 gives you the right to stay in the United States.

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Dax Patel (not verified) on Wed, 02/01/2023 - 13:53 Permalink

Hello everyone, My name is Dax Patel . Currently I am doing my undergraduate at Northern Illinois University and I got my visa in June 2022 . My maternal uncle has filed i130 petition for my mother in 2020. Will these create a problem during immigration (when I go back to India and come back to us ) .

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This answer is for information purposes only and does not create an attorney-client relationship.

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L-1 Layoffs

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If someone is on L-1 and got laid off, what are the alternatives?

ANSWER
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Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.

 

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Visiting Canada on F-1 visa status

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Can I visit Canada with a valid F-1 Visa or do I need to take another visa ?

ANSWER
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If you are on F-1  status, you can definitely go to Canada.

 

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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U.S. Immigration work authorization act changes in 2023

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Is there a possibility of getting approval for H-4 visa work authorization act this year?

ANSWER
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FAQ Transcript

 Nothing is going to happen on immigration this year.

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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F-1 change of status and H-4 expires

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If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?

ANSWER
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No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should  be able to continue going to school. Also check with your DSO. 

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Reentering with F-1 visa again

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A friend of mine went to the U.S. on F1 last year but due to some personal problems she came back home but she wants to go to the U.S again this year to a different university. Will there be a problem to get F1 again?

ANSWER
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FAQ Transcript

Depends upon individual cases. Difficult to say.
 

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Traveling while H-1B and I-140 approved

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Is it not recommended to travel outside USA  when you are on H-1B and I-140 filed and approved ? 
 

ANSWER
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Absolutely no problem, you can travel.
 

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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H-1 visa stamping and Dropbox appointment

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I have Dropbox  appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
 

ANSWER
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FAQ Transcript

I do not  know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.
 

Nóte:

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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What happens if you overstay your I-94

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Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
 

ANSWER
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FAQ Transcript

The government will say as one has overstayed their I-94, they will now be subject to section  222(g). If you overstay your I-94 the visa stamp on  your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.

 

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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EB-2 green card process for Chinese born

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How much time does the EB-2 green card process take for a Chinese born?

ANSWER
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FAQ Transcript

For the Chinese born, it is getting more difficult. It is definitely longer for people who are born in India and shorter for China born so far as of this month.

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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