回复:回复:回复:请教: 如何帮到孩子 and EB1A 评估

回答: 回复:请教: 如何帮到孩子 and EB1A 评估8632112010-04-25 12:41:05

863211: Thank you so much for your quick answers and suggestions. I still have two questions:

1. If his I485 is declined (or in pending), does it mean he would not allowed to study in U.S. any more since he cannot extend F1?
-Correct.

If so, the risk is too high.
-If your I-140 is approved, and then your kid files his I-485, the risk is very low because the I-485 should be approved without any problem. Your kid needs to file his I-485 before he turns 21 and this is very important.

2. Can I apply for EA1A in Canada, instead of taking the offer since it seems TN visa is not good for GC application?
-TN is fine. Although you can not extend your TN after you file your I-485 (you can still be TN until your current TN expires), you can change your TN to H1 any time before your current TN expires. So, you do not need to worry about the I-485 filing whether you are in TN or H1.

Thanks again!

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