
newacct
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Any current restrictions on H1B or Green card Holder on traveling back to US ?
newacct replied to Louisville79's topic in Travel
There are no restrictions on GC holders returning to the US. People on visas generally cannot enter the US if they have been physically present in Mainland China, Iran, the Schengen Area, the UK, Ireland, or Brazil in the previous 14 days, with some exceptions. -
I-864 for both parents: some questions
newacct replied to curious80's topic in Family & Employment-Based Green Card : General
1. no 2. current base salary should be fine if it is enough 3. yes, you must enter the number exactly as shown on the "total income" line of your tax returns for those years -
Eligibility to apply for citizenship
newacct replied to kirankapoor_7's topic in Family & Employment-Based Green Card : General
1. You need to have "continuous residence" for the last 5 years (you can file 90 days before meeting the 5 years of continuous residence), and you need to have had "physical presence" in the US for half (2.5 years) out of the last 5 years. 2. Only after you take the oath. -
They can apply for another extension. Whether they will be approved for either extension is anyone's guess.
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You only need a visa if you need to enter the US. Why do you need to leave the US? Since you were in the US on the effective date of the proclamation, it shouldn't apply to you. But it's unclear how the consulates are handling it.
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Filling category for the spouse of an alien worker
newacct replied to Kelum Gajamannage's topic in 140/485 Concurrent Filing
Derivative beneficiaries have the same category as the principal beneficiary, so "Alien worker, Form I-140" is correct -
GC primary/derivative
newacct replied to kaushikdilip's topic in Family & Employment-Based Green Card : General
As soon as your I-485 was approved, you became a permanent resident, and no longer have H1b status, and she no longer has H4 status. So she cannot work on her H4 EAD now. -
US Green Card for Indian Born Canadian Citizen
newacct replied to Aniel77's topic in H1B : Start Green Card
You can still hold H1b status. As long as your employer continues to make a bona fide offer to employ you after you immigrate, your immigration case can continue even if you are not working for them and/or not in the US. Your wait will not get any shorter as that is based on your country of birth. -
I485 Approved, but GC not received for Child. Need to travel out of USA due to family emergency
newacct replied to bjagan's topic in Family & Employment-Based Green Card : General
Go to a USCIS office before you guys leave and get an I-551 stamp for the child on his/her passport. -
Can H4 dependents stay after 240 days if the H1B applicant extension is approved?
newacct replied to ravi0605's topic in H1B : General
Yes. One can always stay for as long as an Extension of Stay or Change of Status is pending, with no time limit. -
1. for 6 months 2. yes
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Emergency Travel during i485 pending
newacct replied to Snowflakes-TX's topic in Travel While AOS Pending - AP
If the "received date" of the I-485 (which will be known when you receive the receipt) is before the date you left the US, it should be fine. The I-485 will still be pending and won't be abandoned. On the other hand, if the received date of the I-485 is after you left the US, the I-485 will be denied as you must be in the US when the I-485 is filed. You would have to file I-485 again in that case. -
As an adult he can apply for naturalization for himself if he chooses after he turns 18 and he meets the requirements for naturalization as an adult (e.g. he has been a permanent resident for 5 years).
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Yes, you are both exempt from I-864, because you guys are in an employment-based category. Both of you should select I-485 Part 8 #62.d "I am applying under an alien worker (Form I-140) employment-based preference immigrant category and both of the following apply" You are not exempt from the public charge ground of inadmissibility (both of you should check No for #61), and both of you need to file I-944.
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I believe that in this case the Indian consulate will issue her an "Emergency Certificate", which is a passport-like document that is valid for return to India. If her child is a US citizen, she could just apply for a green card and stay in the US (though it would need the child's help).