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jack_suv
07-19 12:21 PM
Hi all,
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
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harsh
05-31 09:37 AM
The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
sanju_dba
09-14 01:27 PM
If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
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milind70
06-09 02:24 PM
What is the InfoPass # to call. I'm in the same boat. PD: Dec 2003 EB2
GCMan,
No number to call for infopass, you have to book appointments thru the web. I havent taken infopass for a while but no telephone numbers.
GCMan,
No number to call for infopass, you have to book appointments thru the web. I havent taken infopass for a while but no telephone numbers.
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kishdam
03-24 02:35 PM
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
:):) good one.
For non-cricketing readers, Indian cricket team's last world cup win was in 1983 when they beat WestIndies in a thrilling final.
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
:):) good one.
For non-cricketing readers, Indian cricket team's last world cup win was in 1983 when they beat WestIndies in a thrilling final.
chanduv23
12-09 08:17 AM
Good Morning
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styrum
10-30 03:20 PM
I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?
They are not instantaneous. Mine showed up in an hour for sure.
They are not instantaneous. Mine showed up in an hour for sure.
2010 Keywords:Short,wavy or
bkshres
10-07 03:47 PM
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
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austingc
12-24 10:32 PM
H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
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mast_mastmunda
11-10 02:00 AM
Dear Friends/Experts,
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
more...
eb3retro
04-15 08:38 AM
All,
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
also update ur profile..
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
also update ur profile..
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gc_check
07-16 10:29 AM
As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
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eilsoe
10-21 01:16 AM
I actually like it the way it is... :)
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chanduv23
12-09 12:16 PM
Guys,
Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..
Guests please take a positive step and become a member. And once you become a member - please contribute. This goes a long way towards helping our cause.
Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..
Guests please take a positive step and become a member. And once you become a member - please contribute. This goes a long way towards helping our cause.
more...
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yabadaba
08-10 12:59 PM
i heard that if you use electric tooth brush.. they will reject your checks...since you are using too much electricity. please check with ur attorney if they are using electric tootthbrush or electric shaver.
will this be a problem? can i refile my 485 with photo of me using regular toothbrush?
will this be a problem? can i refile my 485 with photo of me using regular toothbrush?
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starseed
07-21 05:12 PM
Update - and I apologize if this is lengthy, but if any small part of it is helpful to someone else, I won't edit details.
When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.
[I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]
Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?
Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....
p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.
Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......
When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.
[I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]
Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?
Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....
p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.
Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......
more...
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Humhongekamyab
05-15 04:42 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
If you think nothing is going happen then definitely nothing will happen.
Until then Visa Bulleting is our best hope and source
Let us pray.
If you think nothing is going happen then definitely nothing will happen.
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thomachan72
11-23 02:40 PM
Makes perfect sense. Hopefully one day Indian and chinese EB applicants will have the complete backing of the immigrant citizens from these countries. If that happens then EB voice will be heard. Until then we can take comfort in reading such articles:o:o
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grimreaper
03-29 05:58 PM
I have filed PERM in Nov-2009 and am still waiting. I am a Physician and hope not to get audited. Let us see.
ajju
04-16 10:41 PM
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...
USCIS # (800) 375-5283
You can hope to get the refund and if not write to uscis and they are honest about these things.
Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...
USCIS # (800) 375-5283
lord_labaku
04-14 12:34 AM
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.