Googler
02-08 02:47 PM
bump
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
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mmanurker
10-23 05:28 PM
Yes, thats good news specially for the applicants in that region. In my opinion applicants from MP and Karnataka and AP will fall into that region I guess though not sure but just my 2 cents. Right now they just opened the office but I dont think they will be fully functional till mid-december 2008.
dummgelauft
11-19 11:35 AM
Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
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gc0402
07-25 12:23 PM
I got an approval email from CRIS last week on my I-140.
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
Thanks!
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
Thanks!
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gc_chahiye
08-26 09:47 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.
If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.
If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.
invincibleasian
02-06 11:15 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
more...
smaram1
08-11 10:44 PM
It would be great if any one's I485 got approved while their Name Check is Pending?
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hebbar77
11-18 06:26 PM
its down, so .. so what? how does it matter?
more...
kmkk2006
04-09 12:07 AM
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
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485_spouse
07-20 03:09 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
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bp333
10-04 07:10 PM
Hi Folks,
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.
FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.
FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.
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jamesbond007
11-01 08:42 AM
The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
more...
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kosars
10-02 05:39 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
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smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
more...
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san3297
03-25 11:17 AM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
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m306m
04-15 02:23 PM
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
more...
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waitin_toolong
08-14 06:15 AM
My advice place the new approval as a bookmark on the current visa page when presenting the passport at the counter. This almost forces them to consider the new approval, also provide a copy of your I-797. Check the date before leaving the counter and politely ask for it to be corrected if wrong.
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shirish
12-19 10:34 AM
Core team can send emails to members with date and time and phone number they should call on. That way it can be organized as well.
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gc_kaavaali
08-08 12:22 AM
You cannot work on EAD...but if you apply for EAD replacement and if you received receipt, then you can work on receipt for 90 days. Hope this helps.
Alice141
03-26 02:55 AM
Student Visa
Applying for a UK student visa allows a person to come to the United Kingdom to embark upon a course of study in excess of six months duration.
The study visa immigration service entails the grant of a UK study permit enabling visa nationals to study in the UK with a view to gaining a recognized qualification.
Benefits
The student visa service in itself does not constitute a route to settlement; it does not confer indefinite leave to remain in the UK (ILR) often known as permanent residence and it will not lead to the opportunity to become a UK citizen through British Naturalization. However, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon the successful completion of your course.
If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa. However, the benefit of studying on a UK visa for students is that you will also be permitted to undertake limited employment.
Duration
There is no set duration for this type of visa for immigration to the UK, however, visas for students are usually granted for an initial period of one year and are determined by the length of course to be studied. In some cases, a study visa extension may be granted by applying for Further Leave to Remain (FLR) where applicants intend to follow completion of their course with another course of study.
One route for staying in Britain beyond your course of study, is available through switching to a UK work permit. UK work permits depend upon a specific offer of employment from a British company. Alternatively, you may qualify for the Highly Skilled Migrant Programme, or HSMP, a points based immigration visa for migrants with desirable professional skills. A third option for extending your stay in Britain by a year is the International Graduate Scheme, or for candidates graduating in Scotland, the Fresh Talent: Working in Scotland programme.
Global Visas can assist you in obtaining your permit to study and can help you to further your stay in the country, should you choose to do so, by selecting the best British immigration service for you. Our consultants are experts with UK immgration law and can manage your application at every stage providing immigration lawyer advice and on arrival services.
Eligibility
Course of Study
A UK student visa applicant must show that they have been accepted onto a course of study at one of the following.
* A publicly-funded institution of further or higher education (for example a university)
* A bonafide private education institution that maintains satisfactory records of enrolment and attendance for students and offers courses which lead to qualifications recognised by the appropriate accreditation bodies.
* An independent fee-paying school outside the maintained sector.
Applicants for UK student visas must intend to follow either:
* A recognised full-time degree course.
* A weekday course at a single institution that involves at least 15 hours of organized daytime study a week.
* A full-time course of study at an independent fee-paying school.
Students must be able to meet the costs of their course and accommodation and the maintenance of themselves and any dependents without undertaking full-time employment or engaging in business or having recourse to public funds. The applicants should also intend to leave the country at the end of their studies.
In-Country Applications
In-country applications for United Kingdom student visas may not be submitted by Visa Nationals.
Employment
Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following.
* Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
* Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
* Work full-time in a permanent job.
Spouse and Dependent Immigration
Spouse immigration is only permitted for married partners and unlike a fiance visa or De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.
Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.
Your spouse will be permitted to work only if your permit was issued for 12 months or more.
Visitors - visa application guide
This guide explains what you will need to do if you want to travel to the United Kingdom (UK) as a visitor, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.
If you need to pass through the UK in transit to another country, please read our Transit application guide for more information.
Applying for a UK student visa allows a person to come to the United Kingdom to embark upon a course of study in excess of six months duration.
The study visa immigration service entails the grant of a UK study permit enabling visa nationals to study in the UK with a view to gaining a recognized qualification.
Benefits
The student visa service in itself does not constitute a route to settlement; it does not confer indefinite leave to remain in the UK (ILR) often known as permanent residence and it will not lead to the opportunity to become a UK citizen through British Naturalization. However, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon the successful completion of your course.
If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa. However, the benefit of studying on a UK visa for students is that you will also be permitted to undertake limited employment.
Duration
There is no set duration for this type of visa for immigration to the UK, however, visas for students are usually granted for an initial period of one year and are determined by the length of course to be studied. In some cases, a study visa extension may be granted by applying for Further Leave to Remain (FLR) where applicants intend to follow completion of their course with another course of study.
One route for staying in Britain beyond your course of study, is available through switching to a UK work permit. UK work permits depend upon a specific offer of employment from a British company. Alternatively, you may qualify for the Highly Skilled Migrant Programme, or HSMP, a points based immigration visa for migrants with desirable professional skills. A third option for extending your stay in Britain by a year is the International Graduate Scheme, or for candidates graduating in Scotland, the Fresh Talent: Working in Scotland programme.
Global Visas can assist you in obtaining your permit to study and can help you to further your stay in the country, should you choose to do so, by selecting the best British immigration service for you. Our consultants are experts with UK immgration law and can manage your application at every stage providing immigration lawyer advice and on arrival services.
Eligibility
Course of Study
A UK student visa applicant must show that they have been accepted onto a course of study at one of the following.
* A publicly-funded institution of further or higher education (for example a university)
* A bonafide private education institution that maintains satisfactory records of enrolment and attendance for students and offers courses which lead to qualifications recognised by the appropriate accreditation bodies.
* An independent fee-paying school outside the maintained sector.
Applicants for UK student visas must intend to follow either:
* A recognised full-time degree course.
* A weekday course at a single institution that involves at least 15 hours of organized daytime study a week.
* A full-time course of study at an independent fee-paying school.
Students must be able to meet the costs of their course and accommodation and the maintenance of themselves and any dependents without undertaking full-time employment or engaging in business or having recourse to public funds. The applicants should also intend to leave the country at the end of their studies.
In-Country Applications
In-country applications for United Kingdom student visas may not be submitted by Visa Nationals.
Employment
Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following.
* Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
* Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
* Work full-time in a permanent job.
Spouse and Dependent Immigration
Spouse immigration is only permitted for married partners and unlike a fiance visa or De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.
Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.
Your spouse will be permitted to work only if your permit was issued for 12 months or more.
Visitors - visa application guide
This guide explains what you will need to do if you want to travel to the United Kingdom (UK) as a visitor, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.
If you need to pass through the UK in transit to another country, please read our Transit application guide for more information.
amsgc
06-15 12:24 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
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