m******7
发帖数: 58 | 1 LD 计划今年9月Match，目前的Visa是H4。如果Match到2011年，到时她将一共用过H1 1
年，H4 3 年。按H1有6年时间的话，是否她只有2年的时间可以用H1做 resident? 2
年后H1到期，我估计会拿到EB1绿卡。LD是否可以继续用EAD卡做resident?
我将在年底递交EB1绿卡申请并为LD申请EAD卡。她参加interview时可能会有EAD卡，但
I－40还没有批。她是否可以告诉program她有EAD卡，但同时要求H1，以防I－40不被批
准?
请知道的帮忙回答一下。多谢了。 |
a********a
发帖数: 57 | 2 Your LD can only apply to residency using EAD. She will not be able to apply
using H visa, this is because she will only have 2 more years of H visa
left and that is not long enough to finish any residency. I don't think the
programs will take the risk and consider a "pending" EAD card. You should
send in your EB1 application ASAP to make sure the EAD is in her hand by the
time she send out application. She won't need to use it until next July.
The best thing that you can hope for is that your I |
n***a
发帖数: 1373 | 3 I remembre a new rule says that the number of H4 years is not included in
the 6-year limit anymore. Please check. |
D*******a
发帖数: 77 | 4 That's true!
【在 n***a 的大作中提到】
: I remembre a new rule says that the number of H4 years is not included in
: the 6-year limit anymore. Please check.
|
m******7
发帖数: 58 | 5 Thanks for the information. I googled the information and also found that
the time one spends in dependent status (either H-4 or L-2) DOES NOT COUNT
against the time limits under H1B or L-1 status. As my LD only had 1 year on
H1b, she should have 5 years left for H1B. That's enough for finishing the
residency.
Of course, the best way is to use EAD card match. I will submit EB1 soon to
get EAD card for her. |
