lady123

Thansk RN4US...You said it well!! I think even one can change to dependent status by extending the H4/L2 without going out of US while on 'AOS pending/parolee' . Any way the dual intent previlege is not available for most other type of non immigrant visa. lady123

As I promised I am updating my AOS case. My application has been accepted by the USCIS and got the reciept number. It has not been returned as every one else afraid. Thanks for all of your input and help. lady123

As I promised I am updating my AOS case. My application has been accepted by the USCIS and got the reciept number. It has not been returned as every one else afraid. Thanks for all of your input and help. lady123

You interpretted the new temporary ruling by USCIS as it is not for Schedule A but for H1b and all. What I told is that this is absolutely wrong and this ruling is same for all GC catogories. WHO EVER HAS A PRIORITY DATE BY JULY 31ST CAN FILE THE AOS TILL AUG 17. This answer your seconed question too. The normal validity for visa bulletin is 1 month and just to keep the same validity period the USCIS allowed to file AOS from July 17th to Aug 17th. This gives ample time to file the AOS for applicants who are here for 60-90 days but also for applicants in US for 4-5 years in h1 , h4, J1,etc !!!!. The victim of this kind of interpretation is alwasy the layman. This is from my own experience. I had adviced by one of moderator here that I could not do anything for my GC application unless the priority date become current. This advice I got after I passed the NCLEX Exam. It was specifically mentioned that I could not do I40 and 485. But I was very late to find that it was the case with I485 only and not for I 140. And any who knows about the GC process knows that it is very much important that the importants of filing I40 to get an earlier priority date .If you try to file I40/485 together you need to have the priority date to be current for atleast 2-3 months to make up the waiting period for filing I 140( job posting requirements ,ect). For the same reason only I am giving my opinion here when I see a wrong interpretation of a meterial fact.This is not against any individual who posts here .In fact they are helping many with thier vast knlowdege on certian subject. But the problem is that the layman will follow what ever they say b'z of thier nature of post that appears to be very authentic. Pls note that this opinion is very general in nature on the forums not specifically to this thread. lady123.

It seems this is a misleading interpretation of the FAQ. Still the schedule A case can file the AOS till Aug 17th if they have a priority date (filed I140 in schdeule A case) of July 31 or before, provided they meet the other criteria for an AOS. This is based on the 2nd and 3rd FAQ.This is the case with any other EB category. What the FAQ tried to clear that if some one files an i140 and I 485 in august the I485 will be rejected based on the fact thier priority date is August for Schdeule A which is unavailanle for AOS. For other cases the Labor certification is the priority date and USCIS allows them to file i140 and i485 cuncurrently till Aug 17th. " Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007? A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007. "

My assumptions are, As far as he maintains the H1B status (so the h4 extn too) both can be legally stay in the country untill a decission on I485 comes. If the 485 approved and wife's I485 is not filed she cannot be in the h4 any more so probabily of out of status. If the 485 is denied , he can go back to his H1B if he does not use the EAD (if he obtained one).If EAD used both wll be out of status. Also always try to use the h1b visa whenever one enters to the US. if AP used he is treated as Parolee though he can continue work in h1b. But even if he used the AP he will be back to H1B status when he extends or transfer the H1B . Bottom line is that do not use EAD and maintain the H1b status. and try to file i485 for wife as soon as priority date comes. lady123

Thanks suzanne for the input. I will update my progress. btw, opinion and facts are different thing. Lady123

With all the due respect of your intention I must say that you are only partially correct . The one point you are quoting repeatedly is that that once one applied for AOS the other visa get cancelled.It may be true for visitor or J1 visa. but not for H1b/H4. Before first consulting wth many other sources , if you could have well read the USCIS instruction on I485 yourself you would be better informed by these sources. It says that, " A. H, L, V or K3/K4 nonimmigrants: If you are an H, L,V, or K3/K4 nonimmigrant whocontinues to maintain his or her status, you may travelon a valid H, L, V or K3/K4 visa without obtainingadvance parole. " http://www.uscis.gov/files/form/i-485instr.pdf If you were correct that the visa get cancelled on submitting the AOS/485 the above clause would have been no place in the instructions. There may be instances that people had to back to country from where he/she comes not because just the reason that they submitted the AOS and it got denied. There can be many other reasons like using the EAD, not maintaining the dual intent non immigration visa (H1/H4,L,etc) status . July 2 - July 17th submission I am not sure on this as I was not keen in this case. But I learned that there are instances that the individuals get reciept notices as I learned from other sources. Since it is an 'other source' I am not sure how much it is true. AOS without VSC: You may be correct . But the word 'proper filing' has many meanings. It can be just the initial check that are normally done , like, signature ,check, etc, where the appication is not elgible to be accepted. I do not think RFE causing evidences will not come in this 'properly filed' clause. Any way, the VSC submission time is a grey area and I just took a chance. My lawyer says that it is fine and only need to submit at the time of RFE. Here I may have different opinion than my lawyer , but I took a chance based on the fact that I wont be out of status even if the I 485 is denied. I am also not looking for an immeadiate GC as the visa number wont be available for few years,especially for my country. But it enables me to work till a decission comes on the AOS. Regarding my case: the petition for I140 had been e-filed on July 30th so good to go for the AOS before Aug 17th. I will update how it goes. (NB:I WANT TO EMPHASIS TO OTHER READERS THAT ABOVE CASE IS BASED ON A DUAL INTENT IMMIGRANT VISA LIKE H1b/h4,L1/L2.IF YOU ARE IN OTHER NON IMMIGRANT VISA LIKE B1/B2,ETC YOU MAY BE OUT OF STATUS IF YOUR AOS PETITION IS DENIED. BE CAREFUL.) lady123

I agree with Jilaf. We are in h4/H1B and today I am going to file the AOS without a VSC!!!!.No attorney has told me that our h1b/h4 status will be lost unless we use EAD. h4/h1b is dual intent visa (immigration a nd non immigration intent). I will post the development.In the worst case I can enjoy some good time in my native country for some time if what Suazanne says is correct!! but I dont think so....... Lady123

I think one can do AOS (If stayed in US for more than 90 days) in July when the PD is current .But pls confirm before do so. I am also looking for an employer.

What my thinking is that..Since I am here in US for more than 90 days and the PD is current(in July 2007) if an employer files the I-140 and I-485 concurrently before the retrogression is back I can able to get a work permit(EAD) and starts working what ever it will be after after few months.I believe that based on the July Visa bulletin I /employer can do so in July as the Priority date are current. This means the retrogression is temporarily lifted for atleast the month of July 2007. Lady123

I can endorse the license but before that I need to find a hospital who can petition my green card. then only I can able to work.

Thanks for your reply. Since I am a foreign national in US with a dependent visa the hospital should petition for the green card. Then only I am authorized to work in US. I am looking for such a hospital to work. lady123

Hi, I am a foreign nurse living in Jackson with 6 years of exp. I have passed the RN NCLEX and would like to know if there any hospital in Jackson area is recruits foreign nurse? Thanks, lady123

First time - 130 2nd time - 75 (failed, very low score) 3rd time - 75 (passed) So the bottom line is...Do not loose the confidence. You can achieve it!!!!