Neraka Jahanam

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Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.

________________
Not a legal advice.

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  • cjain
    well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.

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  • I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.
    H1B:
    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
    EAD / AC21:
    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.
    Anything else to be added to the above list?

    When will i read this as
    "Special Immigration Relief Measures for non Cubans & non mexicans"
    --sri
    Congratulations my cuban friends!
    You no longer have to wait in this friggin' green card line
    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.

    I am in a similar situation, i am on my 5th year H1B ROW and my laywer sent in the I485 before the retrogression started but i still have to wait for the PD to be current.
    I am finishing an MBA in two months and i have had a few interviews but not sure what the wisest thing is.

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