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About xyzh1bquestion

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  1. xyzh1bquestion

    (Urgent) Graduating on F-1, Pending I-485, Approved EAD, Can I work Legally

    Thank you for all the suggestion and Advice.
  2. Dear Readers, Thank you for reading this long email, Appreciate your legal advice/suggestion. I will appreciate if you can provide me guidance/advice in the situation I am in. I am currently pursuing Studies on F1-Visa. About to Graduate in Dec 2013. My Husband is on H1-B visa and he recently filled for Green Card (I-485) for both of us as his priority date was current. But both of us didn't receive the Green Card and its in pending condition as the dates have retrogressed back to Nov 2004 (EB2, India). But my EAD and Advance Parole application is approved and I has receive the EAD/AP Card. Since I will graduate in Dec 2013, I found a Job and on Dec 1st 2013, I started working Full time on basis of GC EAD card. I have not received my pay check yet. I thought i will have no issues working on GC EAD card until I saw the below email reply from my university. So need advice/guidance. I mentioned my situation to my University International students office and following is there reply. What action do i need to take to keep me out of trouble with USCIS i.e. I need to know action to be take to maintain legal status in USA and don't jeopardize mine Green Card Application and don't want me to have issues with Customs and Immigration officers will making a international Travel. Do i have to stop working/ leave the job? Do i have to change my status from F-1 to H-4? What is your suggestions / comments on this issue? Thanks Question Asked to University: I had a question regarding the F-1 visa expiry. My husband had submitted I-485 for me when his green card application became current in September this year. I had applied for EAD card based on the green card. I have received my EAD card and my green card application is in process. The EAD card also serves as an advance parole in case i want to travel out of the country and return. I wanted to check with you in this case, do I need to apply for transfer from F-1 visa to H-4 visa to maintain legal status? Please let me know. Thanks & Regards, University Reply: Here are the basics: Your F-1 status expires on 12/31/13 – the end date of your program of study on your I-20. You typically have 60 days to either start another program, be in the process of an OPT application, or leave the country. Since you have informed me that your husband has applied for permanent residency for you and you are waiting for your approval (and have already received your EAD card for advance parole), you can complete your program of study as an F-1 as long as you have not used your EAD card for travel or work – which would abandon your F-1 status. I spoke with Chris ********* about your situation and he also suggested that you might want to apply for OPT to fall back on in case your green card application has not been processed by the end of the 60 day grace period. FYI – the filing fee for an OPT application is $380. I hope all of this makes sense. Please let me know how you plan to proceed – and let me know if you receive your final approval for your green card.
  3. Hi, I will like to know if there is any ground / loophole on the contract to be null and void for the situation i am in. My company filed for my H1-B visa. The package received USCIS after one day the CAP was reached. I worked for the company for 6 months and then left the company. Recently, I received a mail from the past employer that I owe the old company Legal fees close to $5000 for filling the H1-B. I did sign following contract. Please read it and let me know if there are any legal grounds I can avoid paying or reduce the legal fees? Thanks for reading xyz Dear xyz, In accordance With our offer letter to you dated _____, We agree to assist you in the application process for an Hl-B visa to enable you to continue Working at ABC, LLC on a full-time basis. ln return We expect you to remain with ABC, LLC for at least a year. The initial cost to the company for such a visa involves initial expenditures on your behalf of $5,000 and there could be further expenses before the application is approved. In consideration of you agreeing to remain with ABC, LLC for a period of at least one year from your starting date of June, 2012, We are Willing to support your application and advance amounts necessary to cover filing fees, legal expense and any other costs to make proper application for your Hl-B Visa. Should you leave the employ of ABC, LLC for any reason before June, 2013, then you agree to reimburse ABC, LLC for all expenses incurred by ABC, LLC for your Hl-B Visa (the “EXpenses”). ABC, LLC has the right to recover the Expenses by deducting such amounts from your pay or to recover such amounts (plus legal expenses therefore) by legal means in a court of any jurisdiction of ABC, LLC choice. Please acknowledge your agreement to the terms of this letter by signing below. Sincerely, Ahole