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newacct

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About newacct

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  1. 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.
  2. 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
  3. 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.
  4. newacct

    Visitor visa extension pending

    They can apply for another extension. Whether they will be approved for either extension is anyone's guess.
  5. newacct

    Does travel ban affects ?

    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.
  6. Derivative beneficiaries have the same category as the principal beneficiary, so "Alien worker, Form I-140" is correct
  7. 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.
  8. 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.
  9. Go to a USCIS office before you guys leave and get an I-551 stamp for the child on his/her passport.
  10. Yes. One can always stay for as long as an Extension of Stay or Change of Status is pending, with no time limit.
  11. newacct

    Staying past expiration of B2 visa

    1. for 6 months 2. yes
  12. newacct

    Emergency Travel during i485 pending

    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.
  13. newacct

    Citizenship for child over 18 years

    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).
  14. newacct

    I am EXEMPT from filing Form I-864 because:

    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.
  15. newacct

    Visitor parent overstay issues

    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).
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