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newacct

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About newacct

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  1. newacct

    Is Immigrant Visa affected by Proclamation

    1. No, they are not permanent residents until they enter the US with their immigrant visas 2. Yes, they can fly directly to the US. The ban for India only applied to nonimmigrants, not immigrants. In any case, people with immigrant visas have been excepted from all the geographic entry bans, and all those exceptions apply to India.
  2. I think I misread some of the description. It seems that you did Change of Status to H1b status and it was approved? And you got an H1b I-94 expiring 11/1/2021? You would have lost H1b status when you worked outside H1b on 6/10/2021. In any case, the period of time from 6/10/2021 to now is still less than 180 days, so INA 245(k) would still apply, and you should still be eligible to file I-485 now.
  3. Accruing between 180 days and 1 year of unlawful presence and then leaving the US triggers a 3-year ban (i.e. makes you inadmissible for 3 years after the departure). Since you left the US 4/1/2018, the ban would have been over on 4/1/2021. Since you filed I-485 on 10/27/2020, you were still under the ban at the time you filed, and that's why that application needs a waiver. A waiver for this ban is only possible if you can show that your US citizen or permanent resident spouse or parent would suffer "extreme hardship" if you can't be in the US. Since your spouse is now a permanent resident, it's possible for you to apply for this waiver, but "extreme hardship" is very hard to show. A much simpler solution is just to file I-485 again now, and you wouldn't need a waiver because the ban is already over. You were in H4 status up until 8/27/2021 when your spouse became a permanent resident (and thus lost H1b status and thus you lost H4 status). Since you guys are in an employment-based category, INA 245(k) allows you to be eligible for Adjustment of Status despite being out of status as long as you haven't been out of status or working illegally for 180 days since your most recent admission (which should be satisfied in your case as it has only been a few days since 8/27/2021).
  4. Are you immigrating in an employment-based category? If so, then the provisions of INA 245(k) applies (see USCIS Policy Manual, Volume 7, Part B, Chapter 8, section E), which means that you are not barred from AOS due to being out of status or illegally working, as long as you have not been out of status or working illegally for 180 days since your most recent admission. You said that you entered the US in Nov 2020. Was that an admission (i.e. on a visa)? or a parole (i.e. on Advance Parole)? If it was an admission, then it should have reset your days for the purposes of INA 245(k), so you would only have to consider out of status and illegal working days since then. If it was a parole, then you have to go back to the last admission and count from there.
  5. I'm assuming you are immigrating in an employment-based category. If your status has expired for less than 180 days at the time you file I-485, it should not wait for the I-539 to be adjudicated, since INA 245(k) applies, which says you are still eligible for I-485 in an employment-based category as long as you have not been out of status or working illegally for 180 days since the most recent admission, so even if your I-539 were denied your I-485 would still have been properly filed. If your status has expired for more than 180 days at the time you file I-485, it will have to wait for the I-539 to be approved.
  6. If you were still in the US when your COS was denied, and the I-94 was already expired, then INA 222(g) applies, which means your visa was voided and you can only apply for US visas in your country of nationality from now on.
  7. newacct

    Adding spouse to pending AOS Application

    You don't want to become a permanent resident (which happens when your I-485 is approved) before she enters the US on H4, because as soon as you become a permanent resident, you are no longer on H1b status, and she cannot enter on H4. Once she enters the US, she can file I-485 (in any month where your category and priority date can file I-485), either before or after your I-485 is approved. If your I-485 is approved before she files I-485, you become a permanent resident and thus lose H1b status, and she loses H4 status, but since you guys are in an employment-based category, INA 245(k) applies, which means she can still file I-485 as long as she has not been out of status or working illegally for 180 days since her most recent admission. So a short gap of being out of status between your I-485 approval and her filing I-485 will not matter.
  8. newacct

    Travelling to Canada and Return

    Non-essential travel entering the US from Canada by air is possible (and has been possible any time in the past year), but not by land. A negative COVID-19 test will be needed before boarding the flight to the US. If the OP is in the US to work, then they can enter by land also (which does not require a COVID-19 test). I am not sure about entry requirements for Canada.
  9. newacct

    Parents Left USA before extension approval

    They automatically abandoned their Extension of Stay when they left the US. It is normal that it is denied. Their visa is not affected and they can seek to travel to the US in the future as they always do. They should bring the I-539 receipt and denial notice, and evidence of the date of their departure from the US, to prove that the first I-539 was filed before their status expired, and to show that it remained pending until they left the US.
  10. newacct

    Kid's EAD continuation after 21 yrs

    She is not required to change her status. At 21 she will lose H4 status, but losing status while her I-485 is pending does not affect her I-485. She can still remain in the US for as long as her I-485 is pending, regardless of whether she has status or not. Maintaining status might be a good idea if you are worried that the I-485 will be denied. She will not age out for immigration purposes at exactly 21. You have to do the CSPA calculation to determine when exactly she ages out. Her I-485 will only be denied if it is determined that she has aged out according to the CSPA calculation. Until then, her I-485 will remain pending. As long as her I-485 remains pending, she can use her pending-I-485-based EAD.
  11. No. Your son is a US citizen and is thus not eligible for any US visa. The fact that he is also an Indian citizen doesn't change that.
  12. newacct

    Can i apply SSN number using EAD card

    Are you talking about an SSN for you or for your son?
  13. USCIS no longer requires bridging extensions in COS to F1.
  14. No. The intending immigrant does not need to fill out I-864A for their income to be included in your household income.
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