D*********Y
发帖数: 3382 | 1 夫妇一方H1B，一方F1。F1的明年中旬毕业。
现在两人要一起申请485，工卡和AP。对于F1一方来说是不是不能申请OPT了？如果毕业
的时候绿卡没批下来或者485被据怎么办？
递送485以后算是什么身份？还是F1或者H1B吗？找工作的时候有些HR问IMMIGRATION
STATUS,该如何回答呢？还需要去国际学生办公室报到吗？
另外，在美国出生的娃是不是不要趟这趟浑水了？ | s******4
发帖数: 1322 | 2 After USCIS receive your 485, you have immigration intention. Your pending
OPT application may be denied. You can still submit OPT application, and if
it approved just go ahead and use it. But remember that they have legitimate
reason to deny it and if that happens you cannot succeed in appealing.
What your status is under a pending 485 depends whether you have another
valid status. If you have another valid status, say F-1 or H1b, then it won'
t change. But if that status has expired, you will become AOS. That is the
benefit of the pending 485, which protect you from being out of status.
If your 485 is denied for any reason, then depending on whether you have
another valid status or not, there are two outcomes
(1) If you have another status, F-1 or H1b, you can still stay in the US
until that status expires
(2) If you are under AOS, then you must leave the US immediately after your
485 has been denied. You can consider appealling or motion to reopen etc,
but that is another story.
I don't quite understand your last question about US-born baby.
【在 D*********Y 的大作中提到】
: 夫妇一方H1B，一方F1。F1的明年中旬毕业。
: 现在两人要一起申请485，工卡和AP。对于F1一方来说是不是不能申请OPT了？如果毕业
: 的时候绿卡没批下来或者485被据怎么办？
: 递送485以后算是什么身份？还是F1或者H1B吗？找工作的时候有些HR问IMMIGRATION
: STATUS,该如何回答呢？还需要去国际学生办公室报到吗？
: 另外，在美国出生的娃是不是不要趟这趟浑水了？
| D*********Y
发帖数: 3382 | 3 Thanks a lot！最后是说我们夫妇申请绿卡，小朋友就不要提交啥申请了吧。
厚脸皮再问问，visa stamps可以只递交最近的吗？
if
legitimate
won'
【在 s******4 的大作中提到】
: After USCIS receive your 485, you have immigration intention. Your pending
: OPT application may be denied. You can still submit OPT application, and if
: it approved just go ahead and use it. But remember that they have legitimate
: reason to deny it and if that happens you cannot succeed in appealing.
: What your status is under a pending 485 depends whether you have another
: valid status. If you have another valid status, say F-1 or H1b, then it won'
: t change. But if that status has expired, you will become AOS. That is the
: benefit of the pending 485, which protect you from being out of status.
: If your 485 is denied for any reason, then depending on whether you have
: another valid status or not, there are two outcomes
| s******4
发帖数: 1322 | 4 If your son/daughter is already an US citizen, then no need to apply for a
GC. Make sure you have the birth certificate etc.
When I submit 485, I submitted all previous US visas. The important thing is
to demonstrate that each time you enter the US, you enter lawfully, and
that you have maintained your lawful status for the duration of your stay in
the US.
I do have another suggestion if you have a child: go to the Chinese embassy/
consulate to apply for a travel certificate before you got green card. This
may help registering for 'hukou' when you bring him/her to china.
【在 D*********Y 的大作中提到】
: Thanks a lot！最后是说我们夫妇申请绿卡，小朋友就不要提交啥申请了吧。
: 厚脸皮再问问，visa stamps可以只递交最近的吗？
:
: if
: legitimate
: won'
| D*********Y
发帖数: 3382 | 5 谢谢！
is
in
embassy/
This
【在 s******4 的大作中提到】
: If your son/daughter is already an US citizen, then no need to apply for a
: GC. Make sure you have the birth certificate etc.
: When I submit 485, I submitted all previous US visas. The important thing is
: to demonstrate that each time you enter the US, you enter lawfully, and
: that you have maintained your lawful status for the duration of your stay in
: the US.
: I do have another suggestion if you have a child: go to the Chinese embassy/
: consulate to apply for a travel certificate before you got green card. This
: may help registering for 'hukou' when you bring him/her to china.
| w****u
发帖数: 1078 | 6 “I do have another suggestion if you have a child: go to the Chinese
embassy/
consulate to apply for a travel certificate before you got green card. This
may help registering for 'hukou' when you bring him/her to china.”
If we do not care about "hukou"but do want a travel certificate, it does not
matter whether we apply for that before or after having the green card.
Is that right? Thank you
is
in
embassy/
This
【在 s******4 的大作中提到】
: If your son/daughter is already an US citizen, then no need to apply for a
: GC. Make sure you have the birth certificate etc.
: When I submit 485, I submitted all previous US visas. The important thing is
: to demonstrate that each time you enter the US, you enter lawfully, and
: that you have maintained your lawful status for the duration of your stay in
: the US.
: I do have another suggestion if you have a child: go to the Chinese embassy/
: consulate to apply for a travel certificate before you got green card. This
: may help registering for 'hukou' when you bring him/her to china.
| s******4
发帖数: 1322 | 7 Regarding the travel certificate: according to the law, as long as your baby
was born before any of you got the GC, then he is a Chinese citizen who is
eligible for a travel certificate.
However, in previous years the Chinese embassy and consulate have been
stupid that at the time of application for a travel certificate, they need
you to provide non-immigration documents. If you cannot, they do not issue
travel certificate. This effectively changes the law which is bad.
Maybe recently they corrected their mistake. But I don't know. Maybe someone
had experience can come and say. But I would say to be on the safe side, go
there while you do not have a GC yet. Don't play games with the stupid
embassy and consulate.
This
not
【在 w****u 的大作中提到】
: “I do have another suggestion if you have a child: go to the Chinese
: embassy/
: consulate to apply for a travel certificate before you got green card. This
: may help registering for 'hukou' when you bring him/her to china.”
: If we do not care about "hukou"but do want a travel certificate, it does not
: matter whether we apply for that before or after having the green card.
: Is that right? Thank you
:
: is
: in
|
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