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bobcat190E

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  1. Like
    bobcat190E got a reaction from bahamamama234 in Travel within US while I-130/I-485 IS PENDING with I-94 EXPIRED?   
    I agree that generally speaking with all things related to immigration, one should err on the side of caution.
    But while it is theoretically possible that you could get stopped during a domestic flight and asked about your immigration status, in reality the risk is absolutely minimal and almost zero.
    I have been in the US for the last 10 years on one kind of visa or another. During that time I have travelled extensively within the US. In particular, for the last year and a half, I have lived in a different part of the US from my wife due to my job, and I take a domestic flight every few weeks to see her. In all that time, not once has any TSA agent asked me about my immigration status. Not once.
  2. Like
    bobcat190E got a reaction from Pickle in Adjustment of Status(OPT to Green Card) through Marriage US citizen   
    That link I just posted sets it out fairly clearly.
    Merely applying for adjustment of status does nothing to your underlying status. It is a common misperception (which I have seen posted here frequently) that it somehow "cancels" your underlying status. That is not true.
    Nothing about your current status changes until a determination is actually made on your application for adjustment. if it is granted, then your F-1 is canceled and replaced with a green card. If it is denied, you revert to the F-1 status. The limbo would arise if you were denied adjustment, your F-1 (or OPT) expired and then you reapplied for F-1 (or OPT): USCIS would have good grounds for denying it because the previous attempt at adjustment of status clearly showed intent to immigrate.
  3. Like
    bobcat190E got a reaction from seth2013 in To use EAD card or not (Still on F-1 Status)   
    This is a common misperception, and it is not true.
    While the AOS is pending, one is authorized to stay in the US until the matter of the adjustment settled, even past the expiry date of the F-1. But that has nothing to do with the F-1. Until a final decision is made on the AOS (i.e. the green card is either granted or denied), the F-1 is still valid and continuing.
  4. Like
    bobcat190E got a reaction from moni12 in Adjustment of Status(OPT to Green Card) through Marriage US citizen   
    No this is false. Immigration status and work authorization are two separate things.
    The OPT card authorizes you to work in an occupation related to your course of study for the duration of the period indicated on the card. When it lapses, your work authorization lapses. If you file for AOS, you are in a period of authorized stay as far as immigration is concerned, but until you have received an EAD/AP card, you are not authorized to work.
  5. Like
    bobcat190E got a reaction from jxn in time between interview email and actual interview   
    This is basically the same topic here:
    http://www.visajourney.com/forums/topic/513998-how-long-between-interview-notice-letter-and-interview-date/
  6. Like
    bobcat190E reacted to Ian H. in Signature during i485 Biometrics   
    It's $450 worth of difficult.
  7. Like
    bobcat190E got a reaction from moni12 in Adjustment of Status(OPT to Green Card) through Marriage US citizen   
    Re-read my second post - I think you are going to have to apply for the OPT extension anyway, because the timing is so tight that you could not be certain that the EAD would arrive before your current OPT expires. It might, it might not.
    Again, it's up to you to decide whether or not it is worth taking the risk.
  8. Like
    bobcat190E got a reaction from moni12 in Adjustment of Status(OPT to Green Card) through Marriage US citizen   
    On second thoughts, looking at the dates, I realize now that you would be cutting it really close - to be certain you got the EAD in time, you'd pretty much have to file this week, which I am going to assume you are not in a position to do since you aren't even married yet (it takes a while to assemble the document packet, trust me).
    In which case, yes, it looks like it would be wise for you to apply for the OPT extension and then, when you are ready to file in the next couple of months, still also apply for the EAD.
  9. Like
    bobcat190E got a reaction from moni12 in Adjustment of Status(OPT to Green Card) through Marriage US citizen   
    If you apply to adjust status, you can simultaneously apply for an EAD card (similar to the one you have now for OPT). The EAD card is processed separately from the green card, and is usually approved within 60-90 days. Once you receive it, it will supersede your OPT and allow you to work in the US without restriction while your green card application is pending.
    If you could get the application in promptly, it would most likely arrive before your current OPT authorization expires. That would be ideal.
    Of course, you are taking a risk as to whether or not it does, in fact, arrive before that date. Up to you.
    For reference, I just received my EAD card, about 65 days after the initial application. This is pretty standard.
  10. Like
    bobcat190E got a reaction from Boiler in How easy is it to...   
    This thread made me lol.
  11. Like
    bobcat190E got a reaction from Dualie in How easy is it to...   
    This thread made me lol.
  12. Like
    bobcat190E got a reaction from TM713 in Questions about form I 864   
    I think you are confused.
    If you are the intending immigrant and your wife is the US citizen, then she fills in the I-864 (not you). If she is going to be the sole sponsor (i.e. she will not be jointly sponsoring you with someone else), then in Part 3 item 1,"I am sponsoring the principal immigrant named in Part 2," she should check "Yes" and the number in part 3, item 7 will be 1 (she is sponsoring just you).
    If she is going to be your sole sponsor, her current salary, as in right now, must be at least the 125% threshold for a household of your size ($19,662 for a household of 2, if I recall correctly).
    The easiest way to prove her current salary is to get someone from the human resources office at her employer to type up a letter indicating her current job title, salary and start date. If that current salary reaches or exceeds the 125% figure you don't have to worry about combining her salary with yours for the I-864 (though you still can if you want to).
    Yes she has to include 2013 tax returns and I understand you are concerned because she didn't make a lot of money during the last tax year. I suggest simply including a note to indicate that was because she only graduated in May (this is also why the letter from the employer should include a start date).
  13. Like
    bobcat190E got a reaction from Harpa Timsah in Questions about form I 864   
    My understanding was that the intending immigrant's income CAN be counted in order to meet the 125% threshold if certain conditions are fulfilled.

    There is space to add the intending immigrant's income in part 6 of the form (where it says "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Instructions)" and in the instructions it says this:
    4. What If I Cannot Meet the Income Requirements?
    If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:
    a. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A, Contract Between Sponsor and Household Member.
    b. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;
    c. The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant;
    d. A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines. See section 9., What Is a Joint Sponsor, for more information on joint sponsors. Source: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf
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