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odion

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About odion

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  1. Hi, Is it possible to apply and get GC after accrued an unlawful presence (<180days)? If one had applied for COS while on a valid visa but USCIS still had the case pending and then asked for RFE and gave FINAL decision of denying the COS after four months of visa expiration (waited in the US ONLY because the final case was pending) – then the unlawful presence starts the day after the final decision reached by the USCIS – right? If the above condition is true then the total unlawful presence would be a couple of weeks (spent in preparation for departure). Would it be held against the applicant? Is it possible to apply and obtain GC? What are the questions or difficulties one should anticipate in such scenario? Thanks for your input
  2. Hi, After my H1B was approved, I never went back to my home country to get it stamped. Then I decided to change my status to F-1. For the DS160 for there are two questions I am not sure how to answer. 1. since my H1B was never stamped, I never had a VISA number although it was issued. So for that question, I am providing the date it was issued but for the VISA number (8 digit), I am opting "DO NOT KNOW" 2. the second question in DS 160 is as followed : "Are you applying in the same country or location where the visa above was issued, and is this country or location your place of principal of residence?" since my H1B was issued in the USA but now I am back in my home country and applying for a different VISA, I have replied as "NO" to this question. It will be great if you guys can provide some pointers if I am right. Thanks,
  3. Thank you JoeF. I am planning to leave next week and booked the flight for that. But what you said that means--I could drive to say a grocery store or rent a car with the DL. And if I can't take anything with me, then I will designate some person over here who could come and take care of my belongings if that happens. OK, then that is what I need to arrange for. Thanks again.
  4. So my COS from H1B to F1 has been denied recently. It happened because at the time when the USCIS started working on it, my H1B had expired and the program starting date is still more than 30 days out. However, at the time of application, I was still in status and they took a long time (>6 months) to even request for an RFE (by then my H1B was already expired. It is surprising that they did not deny it at that time, instead asked for a new I-20 for the fall semester—which was provided. And now they finally after more than two months declined the COS based on that I am out status at the current moment. Anyway, I see no recourse but to return to my home country and re-apply for a VISA. Fortunately, the unlawful presence clock starts with their date of denial. But now there are certain questions I need to figure out. First, I have a valid driver’s license but since I am currently out of status – is that license still valid meaning can I drive for the rest of the few days before I leave? Second, what happens to my existing bank account? Am I allowed to access its funds? Third, most concerning—can ICE show up and begin deportation so quickly? If that does happen how can I make sure that my belongings and other personal, sensitive information are kept safe? Or can I carry them with me during the detention procedure? Fourth, can I travel internationally to my home country while being out of status? I do have a valid passport but wondering if the TSA would give me a hard time? Fifth, in the denial letter, USCIS has suggested I am allowed to request to reopen or reconsider my case within 33 days of receiving this letter. Is that advisable? And if indeed I file for that, and till a decision is pending, can my presence be considered under “pending” clause or it would still count as an unlawful presence? Sixth, how severe are the implications for unlawful presence (I am less than a week into this situation)—is it similar in severity as being an illegal alien? In general, outside the scope of these specific questions, I would appreciate any candid advice to navigate this situation with least possible impacts. Thank you.
  5. OK. But it might be too late for now. My current situation has changed drastically for the worse. I have posted the update
  6. Shekar11 thank you for the response. But if I move out to Canada, then should I apply for re-entry into the US under what category? Since my COS is under consideration, do I wait till they reach a decision? Thanks much.
  7. Hi, I am in a sort of quagmire. I applied for COS from H1-B to F-1 back in December 2016. This July, they have asked for RFE which I already sent and received their confirmation. However, I am still waiting on their decision but my class is starting soon. Given the delay and the urgency, can I ask for Expedited Criteria based processing under Emergency Situation clause? I am getting into a financially tenuous situation and the classes will start soon. Don't they qualify as emergency situation? Thank you
  8. Thank you GUYS for the clarification on this - but since my previous PhD was NOT in STEM category should it count against my current degree? Sorry this has been little confusing for me to figure out by myself - your help is greatly appreciated.
  9. I am currently holding an H1B visa status while studying part-time but I plan on to change my status into full time F-1 student visa. Previously I did my PhD from an US University but on a non-STEM subject – so my OPT was only for 12 months before I converted into H1B. My current subject is STEM eligible – and I am studying at the masters’ level. My question is – 1. Am I eligible for OPT after finishing my study in this new F1? 2. If yes, am I also eligible for OPT extension under STEM guidelines? 3. And lastly, if I decide to do a PhD later in this subject would I be granted another round of OPT extension based on higher academic level achievement? This problem is kind of unique in its nature, and I would appreciate your suggestion or opinion on this. Thanks,
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