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Indian Born Students In The Usa

Discussion in 'Immigration Matters' started by wish4miracle, Jul 9, 2024.

  1. wish4miracle

    wish4miracle Gold IL'ite

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    Thanks Swetha. Yes I am talking about the below reported issue and the separation of family due to this.

    The process of H1b lot selection and the difficulty of securing a work in the US after graduation without prior experience. This come from a recently graduated MS kid.

    India-born H-4 visa holder forced to self-deport from US after ‘aging out’ from his mother's green card petition

    I hope the rules change. Taking kids back to India halfway through is another difficult decision, and it would definitely affect the kid. Spouse in H4 not working in the meantime will have to find a job back in India for more financial support.

    Nowadays, I see few posts saying engineers declining foreign jobs as they earn more than equivalent money in India and it also helps them to stick with family esp when both are working. Times are changing. But one thing that never seem to change is 12 hrs work per day :( and need of extended family to support kids during this extensive work hours.
     
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  2. Viswamitra

    Viswamitra Finest Post Winner

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    @wish4miracle,

    Please read the attached link to know how your child's status will be protected by the new guidelines. Ageing out may not be applicable as long as Greencard application is pending with USCIS. Only restriction is your child should remain unmarried and if he or she is married, then, the status change needs to be applied as a new application.

    Child Status Protection Act (CSPA) | USCIS
     
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  3. lavani

    lavani Platinum IL'ite

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    no that may not or may work. since it talks about adjustment of status. ie. 485. which OP spouse cannot even file, till his priority date is current.

    OP focus on this journey. US certain cities and counties have excellent programs in schools like magnet schools or stem schools. you will have 100s of chances for your child. we do not know how education is changing. because at the same time some schools have lot of ethical concerns on introducing age inappropriate topics for young kids.

    use h1 for improving financially . once i140 is filed. you can get h4 ead. he can switch better orgs ( just idea). you can even consider L1A. if you spouse grows well in his org. may be play his cards well. go back out of usa and come back in l1a . that GC route is faster.
     
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  4. wish4miracle

    wish4miracle Gold IL'ite

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    Thank you sir @Viswamitra and @lavani. I will go over the link and the options mentioned.
     
  5. Viswamitra

    Viswamitra Finest Post Winner

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    Once your husband gets PERM certified, I assume, the Company will apply for Adjustment of Status immediately. Once you have this application in place, EAD is given and you don't have to wait for approval of permanent resident status. Even you can get parole visa for traveling overseas.
     
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  6. lavani

    lavani Platinum IL'ite

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    no sir. that is not how it would go.

    labor -- i140 - long wait -- priority date getting current -- then AOS 485 , I131 - for Parole , I765 for EAD. -- then if still current -- interview and green card

    we did this 2 yrs back.
     
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  7. wish4miracle

    wish4miracle Gold IL'ite

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    Thanks @lavani and @Viswamitra sir.
    Will read through all the process.
    Thanks for the info. Really helpful.
     
  8. wish4miracle

    wish4miracle Gold IL'ite

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    Hi all, I was browsing through web and found this article.
    This article says they have initiated the petition for age out issue for kids of H1b immigrants.
    It leads to change.org Can anyone suggest if it is genuine link to sign the petition.

    Miindia
     
  9. MalStrom

    MalStrom IL Hall of Fame

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    Change.org is legitimate, but these petitions are mostly feel-good activities. Immigration changes will only come through acts of Congress.
     
  10. wish4miracle

    wish4miracle Gold IL'ite

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    Oh thanks Malstrom. I understand now.
     

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