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About newacct

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  1. I also want to mention that, technically, an L2 spouse can apply for an SSN even without an EAD. All you need is your marriage certificate and both your and the L1 spouse's I-94s.
  2. The date they put below the entry stamp is for your convenience only, and sometimes they forget to put a date there or put the wrong date there. It's the I-94 that is authoritative. It might take some time for it to show up on the I-94 website. If it doesn't show up after a while, they might have spelled your name or passport number wrong or something; you can contact the CBP for help getting your I-94.
  3. Your SSN stays with you for life, and you should enter it on the form when asked. It doesn't hurt to say yes to wanting them to issue you a card. If they don't issue you one you can just go to SSA to apply for a replacement card when you get your EAD.
  4. newacct

    possible job loss during AOS

    I have heard that it is possible to have multiple I-485. You wouldn't need a company attorney to do it; family-based AOS is pretty straightforward and you and your spouse can file I-130 and I-485 yourselves. And you don't need to be in status at the time you file in your category. Also, note that you are not required to be employed while your employment-based AOS is pending -- as long as the petitioning company continues to offer to employ you after you become a permanent resident, your case should continue and you can remain in the US. If, however, your company withdraws your I-140 before your I-485 has been pending for 180 days, your I-140 and I-485 die and a new employer would have to file another I-140 for you. Not sure about severance and H1b status.
  5. newacct

    Move to India after naturalization

    You can intend to leave the US permanently immediately after you naturalize. There is no problem with that. You cannot lose US citizenship by leaving for a long time or by doing anything else without you voluntarily intending to lose US citizenship. You do not have to maintain any proof of residency in the US. But as a US citizen you will be subject to US taxes on your worldwide income no matter where you live.
  6. That is incorrect. First of all, US visas are solely for entry, and the visa's expiration date just means the last date you can use the visa to enter; it does not have anything to do with how long you can stay in the US. You can enter on the day that a visitor visa expires, and you would normally be admitted for 6 months. So there is no reason that their stay upon entry on their current visa would be any shorter than their stay upon entry on their new visa. Second, in any category, one just needs to be in status at the time I-485 is filed; going out of status while I-485 is pending doesn't matter. And furthermore, in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), which is the case here, one doesn't even have to be in status when filing I-485. One could have overstayed for no matter how many years and can still file I-485 and the overstay would not matter one bit for the AOS in the Immediate Relative category. But they should not enter on a visitor visa (old or new) with preconceived intention to file AOS during that stay.
  7. newacct

    Change of status B1/B2 to F2

    It is fine to enter on a B2 visa with intention to marry someone in another nonimmigrant status and then do a Change of Status to the corresponding dependent spouse nonimmigrant status, as long as you are not intending to immigrate. See 9 FAM 402.2-4(B)(2). To do a Change of Status to F2 status, you would need to get an I-20 from your spouse's school for yourself, and then file I-539, which must be officially received by USCIS before your status expires. If your Change of Status was filed on time, you can stay in the US for as long as it is pending, even if you go out of status in the meantime. Note that the next time you leave the US, and wish to return in F2 status, you would need to get an F2 visa at a US consulate first.
  8. newacct

    what happens to I-485 if we go to India

    If you had H or L work status right before you leave the US, and you return to the US on the same type of visa, your I-485 is not abandoned. Otherwise, if you don't return on AP, your I-485 is abandoned.
  9. newacct

    Travel when NTA is issued

    Failure to appear for a removal proceedings triggers a 5-year ban under INA 212(a)(6)(B). Also, even if you leave the US, you can still be removed in absentia, which triggers a 10-year ban under INA 212(a)(9)(A)(ii).
  10. To petition a child born out of wedlock where you are the father, and where the child was not legitimated before turning 18 according to the local laws, requires you to prove that you had a bona-fide father-child relationship with the child before the child turned 21. Things like you provided support to the child and held the child out to be your own. It sounds like it would be very hard to do that in your case. You would also need to explain why you did not disclose the child when naturalizing.
  11. US visas are only for entry. The visa's expiration date just means the last day you can use that visa to enter; it doesn't have anything to do with how long you can stay in the US. You can stay in the US as long as you remain in status, and you remain in F1 status as long as you remain in good standing in your studies with a valid I-20. Only if you leave the US and need to re-enter, would you need to get a new visa, at a US consulate outside the US. You can't get a US visa inside the US because, if you're already inside, you don't need to "enter".
  12. yes, as long as they marry before he becomes a permanent resident (i.e. before his I-485 is approved)
  13. Your child's US citizenship is automatic and involuntary at birth; it just needs to be proved, and that can be done at any age. If your child can't travel, then she doesn't have much need for a passport anyway. Why don't you wait until she can travel and then apply for her passport?
  14. newacct

    Parents GC Filed, can they travel??

    Not true. Leaving the US while AOS is pending automatically abandons AOS, unless 1) they are granted AP before leaving and return on that AP, or 2) they have H1b/H4/L1/L2/K3/K4/V status right before leaving and return on the same type of visa. Since they are on B2 status, #2 doesn't apply, so they need to be granted AP before leaving or they will abadon AOS.