t**********4
发帖数: 26 | 1 本人H1不幸被裁，老婆绿卡，请问前辈如何转身份， 多谢！ |
T*******y
发帖数: 6523 | 2 Unfortunately 绿卡 holder's spouse needs to wait for Pai Qi, and there's no way you can stay or even visit her later without your own status, such as H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you can stay as AOS, but there's a risk whether the 140 will be approved or not. If the 140 can not be approved later, one will be still out of status immediately then.
To find a job ASAP should help.
Big Bless!
【在 t**********4 的大作中提到】
: 本人H1不幸被裁，老婆绿卡，请问前辈如何转身份， 多谢！
|
t**********4
发帖数: 26 | 3 thanks a lot
my own 485 is almost current right now ...
no way you can stay or even visit her later without your own status, such as
H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
can stay as AOS, but there's a risk whether the 140 will be approved or not.
If the 140 can not be approved later, one will be still out of status
immediately then.
【在 T*******y 的大作中提到】
: Unfortunately 绿卡 holder's spouse needs to wait for Pai Qi, and there's no way you can stay or even visit her later without your own status, such as H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you can stay as AOS, but there's a risk whether the 140 will be approved or not. If the 140 can not be approved later, one will be still out of status immediately then.
: To find a job ASAP should help.
: Big Bless!
|
f*******l
发帖数: 1604 | 4 给配偶申绿卡也要排期？我们递485的时候不是全家一起递的吗，没有排期。
一个假设，假设LZ的LP现在持有绿卡，同时她的H1也还在有效期内，这时LZ是不是可以
先转H4,同时递交配偶绿卡申请？
no way you can stay or even visit her later without your own status, such as
H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
can stay as AOS, but there's a risk whether the 140 will be approved or not.
If the 140 can not be approved later, one will be still out of status
immediately then.
【在 T*******y 的大作中提到】
: Unfortunately 绿卡 holder's spouse needs to wait for Pai Qi, and there's no way you can stay or even visit her later without your own status, such as H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you can stay as AOS, but there's a risk whether the 140 will be approved or not. If the 140 can not be approved later, one will be still out of status immediately then.
: To find a job ASAP should help.
: Big Bless!
|
T*******y
发帖数: 6523 | 5 I see. As long as you submit your 485, you will be in AOS.
I heard that 485 allows less than 180 days to be without status. However, I
also heard some statements about the nuances that one should have a status
when submitting the 485, namely, the accumulated days can be before the
submission, but not exactly at the time of submission. You could consult
with a lawyer to make sure.
Big Bless!
【在 t**********4 的大作中提到】
: thanks a lot
: my own 485 is almost current right now ...
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
T*******y
发帖数: 6523 | 6 "LZ的LP现在持有绿卡，同时她的H1也还在有效期内"? :-)
As long as she has the green card, she is no longer an H1.
以先转H4,同时递交配偶绿卡申请？
【在 f*******l 的大作中提到】
: 给配偶申绿卡也要排期？我们递485的时候不是全家一起递的吗，没有排期。
: 一个假设，假设LZ的LP现在持有绿卡，同时她的H1也还在有效期内，这时LZ是不是可以
: 先转H4,同时递交配偶绿卡申请？
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
T*******y
发帖数: 6523 | 7 Also, just to be sure, did you get married before your wife got her green
card or after? If the marriage happened earlier, then you can submit your
485 any time based on your wife's visa bulletin.
【在 t**********4 的大作中提到】
: 本人H1不幸被裁，老婆绿卡，请问前辈如何转身份， 多谢！
|
T*******y
发帖数: 6523 | 8 Spouse of a 485 applicant can submit 485, too. That is not the spouse of a
green card holder.
【在 f*******l 的大作中提到】
: 给配偶申绿卡也要排期？我们递485的时候不是全家一起递的吗，没有排期。
: 一个假设，假设LZ的LP现在持有绿卡，同时她的H1也还在有效期内，这时LZ是不是可以
: 先转H4,同时递交配偶绿卡申请？
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
f*******l
发帖数: 1604 | 9 这种情况下，LZ是要先离境等绿卡批了再来美，还是可以待在美国等绿卡下来？
【在 T*******y 的大作中提到】
: Also, just to be sure, did you get married before your wife got her green
: card or after? If the marriage happened earlier, then you can submit your
: 485 any time based on your wife's visa bulletin.
|
T*******y
发帖数: 6523 | 10 He can stay in AOS.
【在 f*******l 的大作中提到】
: 这种情况下，LZ是要先离境等绿卡批了再来美，还是可以待在美国等绿卡下来？
|
|
|
b*******e
发帖数: 24532 | 11 sorry to hear that.
Your underlying 140 has been violated, so your 485, based upon your EB2 140,
will not be deemed "valid". It is still better that you switch a job and
transfer your PD.
Meanwhile, also file a greencard app with your wife now.
as
not.
【在 t**********4 的大作中提到】
: thanks a lot
: my own 485 is almost current right now ...
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
t**********4
发帖数: 26 | 12 I married my wife after her getting GC, thanks.
140,
【在 b*******e 的大作中提到】
: sorry to hear that.
: Your underlying 140 has been violated, so your 485, based upon your EB2 140,
: will not be deemed "valid". It is still better that you switch a job and
: transfer your PD.
: Meanwhile, also file a greencard app with your wife now.
:
: as
: not.
|
b*******e
发帖数: 24532 | 13 485 男女值钱， 绿卡男女不值钱 hiahia
【在 f*******l 的大作中提到】
: 这种情况下，LZ是要先离境等绿卡批了再来美，还是可以待在美国等绿卡下来？
|
f*******l
发帖数: 1604 | 14 AOS也能算合法留在美国的身份吗？它可不是visa.
【在 T*******y 的大作中提到】
: He can stay in AOS.
|
b*******e
发帖数: 24532 | 15 even you married after that, you can still file petition based upon your
marriage, it will take some time but still give you a backup option in the
future.
You will not be able to file 485 without an employment letter and violated
140.
【在 t**********4 的大作中提到】
: I married my wife after her getting GC, thanks.
:
: 140,
|
b*******e
发帖数: 24532 | 16 yes, AOS is a status for both legal presence and legal status.
But it will not be applied in this case.
【在 f*******l 的大作中提到】
: AOS也能算合法留在美国的身份吗？它可不是visa.
|
T*******y
发帖数: 6523 | 17 yes, that's right.
AOS only allows one to stay, but not to work, etc. To work, one needs EAD.
To travel while 485 is pending, one needs AP to come back.
【在 b*******e 的大作中提到】
: yes, AOS is a status for both legal presence and legal status.
: But it will not be applied in this case.
|
b*******e
发帖数: 24532 | 18 concurrently filing is a good idea, even in this case :-)
【在 T*******y 的大作中提到】
: yes, that's right.
: AOS only allows one to stay, but not to work, etc. To work, one needs EAD.
: To travel while 485 is pending, one needs AP to come back.
|
f*******l
发帖数: 1604 | 19 大蜜的意思好像是说一旦LZ H1失效，就算他立马递485他也不能留在美国等绿卡批下来
，你好像是说LZ只要马上递485就可以留在美国等，但不能工作。
我的问题：到底这种情况是可以留在美国等还是必须回中国等？
【在 T*******y 的大作中提到】
: yes, that's right.
: AOS only allows one to stay, but not to work, etc. To work, one needs EAD.
: To travel while 485 is pending, one needs AP to come back.
|
b*******e
发帖数: 24532 | 20 no no no, Truestory is corrent on AOS, but assuming he can file AOS. What I
said is that he will not be able to file 485 because his underlying 140 has
been violated. Different thing.
【在 f*******l 的大作中提到】
: 大蜜的意思好像是说一旦LZ H1失效，就算他立马递485他也不能留在美国等绿卡批下来
: ，你好像是说LZ只要马上递485就可以留在美国等，但不能工作。
: 我的问题：到底这种情况是可以留在美国等还是必须回中国等？
|
|
|
t**********4
发帖数: 26 | 21 生活艰辛
I
has
【在 b*******e 的大作中提到】
: no no no, Truestory is corrent on AOS, but assuming he can file AOS. What I
: said is that he will not be able to file 485 because his underlying 140 has
: been violated. Different thing.
|
w**********3
发帖数: 1200 | |
t**********4
发帖数: 26 | 23 本人H1不幸被裁，老婆绿卡，请问前辈如何转身份， 多谢！ |
T*******y
发帖数: 6523 | 24 Unfortunately 绿卡 holder's spouse needs to wait for Pai Qi, and there's no way you can stay or even visit her later without your own status, such as H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you can stay as AOS, but there's a risk whether the 140 will be approved or not. If the 140 can not be approved later, one will be still out of status immediately then.
To find a job ASAP should help.
Big Bless!
【在 t**********4 的大作中提到】
: 本人H1不幸被裁，老婆绿卡，请问前辈如何转身份， 多谢！
|
t**********4
发帖数: 26 | 25 thanks a lot
my own 485 is almost current right now ...
no way you can stay or even visit her later without your own status, such as
H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
can stay as AOS, but there's a risk whether the 140 will be approved or not.
If the 140 can not be approved later, one will be still out of status
immediately then.
【在 T*******y 的大作中提到】
: Unfortunately 绿卡 holder's spouse needs to wait for Pai Qi, and there's no way you can stay or even visit her later without your own status, such as H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you can stay as AOS, but there's a risk whether the 140 will be approved or not. If the 140 can not be approved later, one will be still out of status immediately then.
: To find a job ASAP should help.
: Big Bless!
|
f*******l
发帖数: 1604 | 26 给配偶申绿卡也要排期？我们递485的时候不是全家一起递的吗，没有排期。
一个假设，假设LZ的LP现在持有绿卡，同时她的H1也还在有效期内，这时LZ是不是可以
先转H4,同时递交配偶绿卡申请？
no way you can stay or even visit her later without your own status, such as
H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
can stay as AOS, but there's a risk whether the 140 will be approved or not.
If the 140 can not be approved later, one will be still out of status
immediately then.
【在 T*******y 的大作中提到】
: Unfortunately 绿卡 holder's spouse needs to wait for Pai Qi, and there's no way you can stay or even visit her later without your own status, such as H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you can stay as AOS, but there's a risk whether the 140 will be approved or not. If the 140 can not be approved later, one will be still out of status immediately then.
: To find a job ASAP should help.
: Big Bless!
|
T*******y
发帖数: 6523 | 27 I see. As long as you submit your 485, you will be in AOS.
I heard that 485 allows less than 180 days to be without status. However, I
also heard some statements about the nuances that one should have a status
when submitting the 485, namely, the accumulated days can be before the
submission, but not exactly at the time of submission. You could consult
with a lawyer to make sure.
Big Bless!
【在 t**********4 的大作中提到】
: thanks a lot
: my own 485 is almost current right now ...
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
T*******y
发帖数: 6523 | 28 "LZ的LP现在持有绿卡，同时她的H1也还在有效期内"? :-)
As long as she has the green card, she is no longer an H1.
以先转H4,同时递交配偶绿卡申请？
【在 f*******l 的大作中提到】
: 给配偶申绿卡也要排期？我们递485的时候不是全家一起递的吗，没有排期。
: 一个假设，假设LZ的LP现在持有绿卡，同时她的H1也还在有效期内，这时LZ是不是可以
: 先转H4,同时递交配偶绿卡申请？
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
T*******y
发帖数: 6523 | 29 Also, just to be sure, did you get married before your wife got her green
card or after? If the marriage happened earlier, then you can submit your
485 any time based on your wife's visa bulletin.
【在 t**********4 的大作中提到】
: 本人H1不幸被裁，老婆绿卡，请问前辈如何转身份， 多谢！
|
T*******y
发帖数: 6523 | 30 Spouse of a 485 applicant can submit 485, too. That is not the spouse of a
green card holder.
【在 f*******l 的大作中提到】
: 给配偶申绿卡也要排期？我们递485的时候不是全家一起递的吗，没有排期。
: 一个假设，假设LZ的LP现在持有绿卡，同时她的H1也还在有效期内，这时LZ是不是可以
: 先转H4,同时递交配偶绿卡申请？
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
|
|
f*******l
发帖数: 1604 | 31 这种情况下，LZ是要先离境等绿卡批了再来美，还是可以待在美国等绿卡下来？
【在 T*******y 的大作中提到】
: Also, just to be sure, did you get married before your wife got her green
: card or after? If the marriage happened earlier, then you can submit your
: 485 any time based on your wife's visa bulletin.
|
T*******y
发帖数: 6523 | 32 He can stay in AOS.
【在 f*******l 的大作中提到】
: 这种情况下，LZ是要先离境等绿卡批了再来美，还是可以待在美国等绿卡下来？
|
b*******e
发帖数: 24532 | 33 sorry to hear that.
Your underlying 140 has been violated, so your 485, based upon your EB2 140,
will not be deemed "valid". It is still better that you switch a job and
transfer your PD.
Meanwhile, also file a greencard app with your wife now.
as
not.
【在 t**********4 的大作中提到】
: thanks a lot
: my own 485 is almost current right now ...
:
: no way you can stay or even visit her later without your own status, such as
: H1. Are you ready to file for EB1A 140 and 485 concurrently now? Then you
: can stay as AOS, but there's a risk whether the 140 will be approved or not.
: If the 140 can not be approved later, one will be still out of status
: immediately then.
|
t**********4
发帖数: 26 | 34 I married my wife after her getting GC, thanks.
140,
【在 b*******e 的大作中提到】
: sorry to hear that.
: Your underlying 140 has been violated, so your 485, based upon your EB2 140,
: will not be deemed "valid". It is still better that you switch a job and
: transfer your PD.
: Meanwhile, also file a greencard app with your wife now.
:
: as
: not.
|
b*******e
发帖数: 24532 | 35 485 男女值钱， 绿卡男女不值钱 hiahia
【在 f*******l 的大作中提到】
: 这种情况下，LZ是要先离境等绿卡批了再来美，还是可以待在美国等绿卡下来？
|
f*******l
发帖数: 1604 | 36 AOS也能算合法留在美国的身份吗？它可不是visa.
【在 T*******y 的大作中提到】
: He can stay in AOS.
|
b*******e
发帖数: 24532 | 37 even you married after that, you can still file petition based upon your
marriage, it will take some time but still give you a backup option in the
future.
You will not be able to file 485 without an employment letter and violated
140.
【在 t**********4 的大作中提到】
: I married my wife after her getting GC, thanks.
:
: 140,
|
b*******e
发帖数: 24532 | 38 yes, AOS is a status for both legal presence and legal status.
But it will not be applied in this case.
【在 f*******l 的大作中提到】
: AOS也能算合法留在美国的身份吗？它可不是visa.
|
T*******y
发帖数: 6523 | 39 yes, that's right.
AOS only allows one to stay, but not to work, etc. To work, one needs EAD.
To travel while 485 is pending, one needs AP to come back.
【在 b*******e 的大作中提到】
: yes, AOS is a status for both legal presence and legal status.
: But it will not be applied in this case.
|
b*******e
发帖数: 24532 | 40 concurrently filing is a good idea, even in this case :-)
【在 T*******y 的大作中提到】
: yes, that's right.
: AOS only allows one to stay, but not to work, etc. To work, one needs EAD.
: To travel while 485 is pending, one needs AP to come back.
|
|
|
f*******l
发帖数: 1604 | 41 大蜜的意思好像是说一旦LZ H1失效，就算他立马递485他也不能留在美国等绿卡批下来
，你好像是说LZ只要马上递485就可以留在美国等，但不能工作。
我的问题：到底这种情况是可以留在美国等还是必须回中国等？
【在 T*******y 的大作中提到】
: yes, that's right.
: AOS only allows one to stay, but not to work, etc. To work, one needs EAD.
: To travel while 485 is pending, one needs AP to come back.
|
b*******e
发帖数: 24532 | 42 no no no, Truestory is corrent on AOS, but assuming he can file AOS. What I
said is that he will not be able to file 485 because his underlying 140 has
been violated. Different thing.
【在 f*******l 的大作中提到】
: 大蜜的意思好像是说一旦LZ H1失效，就算他立马递485他也不能留在美国等绿卡批下来
: ，你好像是说LZ只要马上递485就可以留在美国等，但不能工作。
: 我的问题：到底这种情况是可以留在美国等还是必须回中国等？
|
t**********4
发帖数: 26 | 43 生活艰辛
I
has
【在 b*******e 的大作中提到】
: no no no, Truestory is corrent on AOS, but assuming he can file AOS. What I
: said is that he will not be able to file 485 because his underlying 140 has
: been violated. Different thing.
|
w**********3
发帖数: 1200 | |
y******1
发帖数: 1167 | |
