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newacct

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About newacct

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  1. newacct

    L2S/I539 approved but not stamped

    You can work. Visa is only for entry.
  2. No. Dependents can only enter at the same time as, or after, the principal. They can enter on B2 and then do Change of Status to H4, but that is expensive and takes months.
  3. You can petition your adoptive child with I-130, since they have resided with you for 2 years and have been in your legal custody for 2 years. They cannot enter the US on a visitor visa with preconceived intent to do Adjustment of Status (I-485), so they should do Consular Processing abroad for an immigrant visa. It would be very hard for your wife to get back to the US without a valid green card or Re-entry Permit, so you petitioning her (with I-130) and her going through Consular Processing for an immigrant visa would probably be her best bet to go back.
  4. newacct

    H4 I-94 Expired With Old Passport

    If she didn't file I-539 for extension of stay before her status expired, she needs to leave the US ASAP and apply for a new H4 visa at a US consulate in her country of nationality, before she can come back to the US.
  5. newacct

    F1 - H1B Change of Status

    Why aren't you eligible for cap gap? Since you were in F1 status at the time the H1b was filed, you should automatically be considered to be maintaining F1 status through October 1 as long as your H1b is pending or approved.
  6. newacct

    Basic I 485 based EAD question

    Yes, category C09 EADs (EADs based on pending I-485) qualify for automatic extension of work authorization. So you are authorized to work until 540 days after your EAD expiration, as long as you apply for renewal (which is free) before your EAD expires. You will need to show the renewal filing receipt plus your expired EAD to your employer for the I-9. See this page from USCIS and this page from the Handbook for Employers.
  7. newacct

    Travelling to Canada or Mexico on expired stamping

    You only have one I-94 at a time, so the one you got most recently counts. If you applied for extension of stay and it was approved, you got an I-797A which came with a new I-94 as part of the page. That I-94 supersedes any I-94s you may have gotten before, including ones you got when entering the US. Those previous I-94s no longer matter. You can re-enter the US on Automatic Revalidation after a trip of less than 30 days to Canada or Mexico, since your I-94 has not expired.
  8. 1. As long as your H4 extension of stay is approved, H4 EAD renewal receipt can be used as work authorization until 540 days after EAD expiration 2. Whether you have SSN shouldn't matter
  9. Well, if you file I-485 now, you would be fine, since you are in an employment-based category, and INA 245(k) allows you to do Adjustment of Status if you have been out of status or working illegally for less than 180 days since your last admission, and it's less than 180 days since January 2022. You cannot work for your job until you get your EAD or green card.
  10. newacct

    Dependent GC process

    She should try to enter on an H4 visa before your I-485 gets approved. If she can, she can file I-485 as your derivative beneficiary once in the US, even if your I-485 is already approved. If your I-485 gets approved and she is still outside the US, file I-824 to send the petition to NVC so that she can do Consular Processing for an immigrant visa, as your derivative beneficiary following-to-join you.
  11. They can stay in the US for as long as their I-485s are pending, regardless of whether they have status. They should definitely NOT apply for B2 extension of stay. Not only is it unnecessary, but they would need to attach a statement explaining their plans to leave, and that would be a lie since they don't plan to leave.
  12. newacct

    Visitor Visa B2 with Family Based Green Card filed and pending

    She should not apply for Extension of Stay. Not only is it unnecessary, but claiming that her stay will be temporary is fraudulent given that she intends to stay permanently.
  13. Yes, she can file I-485 if she is already in the US.
  14. newacct

    File I485 independently?

    Is the employer who filed I-140 still offering to employ you after you immigrate? If not, did they withdraw the I-140? For you to file I-485, you need the employer who filed I-140 to fill out an I-485 Supplement J to confirm that they still offer to employ you.
  15. newacct

    EAD for L-2 Spouse

    You can start working immediately. You need to apply for an SSN before starting work, but you can start work while waiting to receive the actual SSN.
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