F**********R
发帖数: 126 | 1 an out of job postdog transferred to F2, can he or she eligible to apply for
GC using Eb1a or EB2NIW? or have to be F1?
what would happen to F1 if F2's 485 is rejected? | s******4
发帖数: 1322 | 2 there are several question here, maybe you should first understand the
difference between 140 and 485.
One can submit 140 under almost any non-immigrant status (except very
special visas such as K-1 etc). It is your freedom. You should take the
consequence if the immigration is causing your non-immigrant status trouble.
It doesn't matter about F-1 F-2 H-4 etc. Any status does not matter.
485 if another story. If F-2 got 140 approved and submit 485, then F-1 as
his/her spouse must have submitted 485 with F-2.
If F-1 lose his status F-1 (becomes AOS), then F-2 automatically lose his
status and becomes AOS;
if F-2 as primary applicant got 485 denied, then F-1 as derivative applicant
must got 485 denied.
If F-2 becomes AOS by using EAD/AP and F-1 does not use EAD/AP, F-1 remains
F-1 and F-2 becomes AOS.
Undetsanding of AOS is crucial because in case of 485 denial, AOS will
automaticaly lose status and has to leave the US; however if the person has
another valid non-immigrant status he can stay until that status ends.
for
【在 F**********R 的大作中提到】
: an out of job postdog transferred to F2, can he or she eligible to apply for
: GC using Eb1a or EB2NIW? or have to be F1?
: what would happen to F1 if F2's 485 is rejected?
| F**********R
发帖数: 126 | 3 so if F2's 485 got denied, but F-1 still valid at that moment, so F1 can
renew F1 until graduation, but no OPT.
One question, if F-2's 140 got denied, no consequences on both F1/F2.
If F-2 fill both Eb1a and Eb2Niw at the same time, and if eb1a got denied,
but eb2niw still pending, so F2 can work with EAD until Eb2niw got denied or
approved, is this correct?
and once F-1 graduated, but one of F2's 485 still pending, so F-1 can apply
for EAD? is this right?
Thanks a lot, sonnig84! | s******4
发帖数: 1322 | 4 USE not renew F1 until graduation, but no OPT.
YEs
F-2 has immigration intention and will have a hard time applying a new F-2
visa, entering with unexpired F-2 visa, changing status to F-1, J-1, etc.
or
You cannot file EB2-NIW 140 and 485 concurrently if both you and your
husband are born in China-mainland.
That being said, you would have EAD at all.
However if I am just assuming in the imaginary case that you somehow managed
to submit 485 and USCIS accept it, then you can use EAD until your 485 got
denied. Not 140 denial. Of course, if 140 is denied then 485 will definitely
be denied, but there may be a couple of days difference. Strictly speaking
when you talk about EAD you only talk about 485 pending. If you don't have
485 pending your EAD cannot be used
apply
If F-1 person submitted 485 together with F-2 person, then he has a pending
485. Anyone who has a pending 485 will be eligible to apply for EAD and AP. | F**********R
发帖数: 126 | 5 If I understand correctly, basically, F2 can file 140 for both eb1a and
eb2niw altogether without including F1, and if both got denied, the no harm
no follow, F2 can still renew and apply for other non-immigrant visa, right?
Luckily enough, if one of those two 140 got approved, most probably Eb2niw,
then F2 is allowed to file 485 for this petition and must include F1 as
dependent, and both f1/f2 got ead and ap afterwards, until further decision.
again, thanks, sonnig84! |
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