See BC links in my signature.Originally Posted by bee369
See BC links in my signature.
TSC | PD: 09/07/07 | RD: 11/01/11 | ND: 11/02/11
FP Notice: 11/17/11 | FP Appt: 12/08/11 | FP early walk-in completed: 11/21/11
EAD/AP: Approved 12/28/11, Received 12/31/11
RFE#1: Notification 08/28/12, Received Notices 09/04/12 (submit BC),
RFE#1: Responded 10/12/2012, Received "RFE response received" notice: 10/16/2012
RFE#2: Notification 06/14/2013, Received Notices 06/16/2013 (submit EVL/EAD),
RFE#2: Responded 06/19/2013.
I-485 Approved (Primary & Dependent): 10/07/13
Please suggest if it is worth travelling to India and enter in H4 just in case if it helps later as there is no clear information on whether they consider the last admission before filing 485 or at the time of adjudication.
Last edited by Reader; 02-09-2012 at 10:02 AM.
AFAIK there is no agreement between lawyers as to when H1 amendment is necessary Vs only LCA would suffice. And depednds on case to case basis. I know for the fact many big Indian MNCs only file new LCA. But in my opinion you should consult with your attorney and take informed decision.
http://www.trackitt.com/usa-immigrat.../i485-eb/26222
This one got approved just now.
User: byte64
Nationality: India
Country of Chargeability: India
Applicant Type: primary
Service Center: Dallas
Category: EB2
Priority Date: 08 Feb 2008
Application Filed: 01 Dec 2011
I-485 Status: approved
I-485 Approval/Denial Date: 09 Feb 2012
Sweet.......!!!
Hi all- I am faced with a situations and posting here so I can get the experts opinions and also this may help others facing similar situation.
I am about to apply for aos- the whole package, adjustment of stautus, ead, and advance parole. I intend it travel a few days after applying. That is not problem. As I maintain valid h1b status, there is no issue in traveling. However, here is the catch. My lawyer said, that in order to travel after applying for aos but before receiving approval for advance parole, I should not apply for advance parole. If I leave before receiving approval on advance parole then application will be denied. I can leave the country, but if I want to do so before I receive advance parole approval (which generally takes a few months), then I should not apply for advance parole and instead just travel on h1b.
Any thoughts.? I really want to apply for advance parole as that would not bind my to current employer for travel incase something unfortunate were to happen with job. Ead is no problem.
So what I gather is, if you are invalid h1 b status, then yes you can leave the country with or without applying for advance parole. But if you are in h1b and want to leave the country and want to apply for advance parole. Then you can only leave after advance parole has been approved. I out of want to leave before the time it takes to get approval, then you should not apply for advance parole at all.
Help will be greatly appreciated.
Thanks,
Quite a few dec approvals from Texas now
http://www.trackitt.com/member/mjkcy
http://www.trackitt.com/member/srinipk
I think your lawyer is being super conservative. I don't think your travel on H1B has any effect on your EAD/AP application. I have not heard of anyone's 485 being denied because if traveling after filing for AoS. Just my opinion.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Excellent. Several approvals with 2008 PD now. Good to see TSC speeding up a bit.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Some statistics for Primary EB2-I cases added to Trackitt from October 2011 onwards to date.
-- VB -------
Pre October -- 28 cases -- 7 approved
October VB -- 121 cases - 44 approved
November VB - 350 cases - 40 approved
December VB - 386 cases -- 5 approved
January VB -- 383 cases -- 0 approved
February VB -- 98 cases -- 0 approved
Total ----- 1,366 cases - 96 approved
Cases by Service Center
Nebraska --- 475
Texas ------ 854
California -- 17
Vermont ----- 20
Total ---- 1,366
Approvals by Service Center
Nebraska ---- 48
Texas ------- 48
California --- 0
Vermont ------ 0
Total ------- 96
Approvals Post July 2007
Aug-07 -- 10
Sep-07 -- 12
Oct-07 -- 13
Nov-07 --- 0
Dec-07 --- 1
Jan-08 --- 3
Feb-08 --- 1
Total --- 40
of which 33 are from Nebraska and 7 are from Texas
Without an irritant, there can be no pearl.
When I checked on Trackitt it shows 126 caes for Feb VB. (against 98 you have mentioned here). So there are many duplicates I assume?
"If I leave before receiving approval on advance parole then application will be denied."
What application? According to my lawyer, only "advanced parole application" will be denied.
may be imdeng misunderstood.
While what the lawyer is saying may be a true practice by USCIS; I don't see the logical basis of cancelling AP application. All that candidate says while applying for AP is that the candidate wishes to travel and come back to US on AOS status without the need of a visa. So if the candidate goes outside of US then he/she is taking the risk on finding another avenue of returning to the US. I just don't understand any need for USCIS to cancel the AP application.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Once you apply for AOS (485) if you leave the country and enter without an AP you are abandoning your AOS according to the law. So the question whether you need to apply for AP or not is moot because you certainly need to apply for AP and use that to enter back into the country. If you apply for 485 and enter on H1B you will have abandoned your AOS. You can always come back on AP and if you continue working for the same company you can use your H1B, but you need AP to enter back into the country.
Last edited by PlainSpeak; 02-09-2012 at 01:47 PM.
Thanks a lot for the analysis.
If some1 has a EAD/AP combo card in hand and yet wants to maintain the H1 status, should he/she get the H1 visa stamped and use it at the Port of Entry?
I heard they are handing out a lot of 221G forms in consulates abroad.. what if some1 with EAD/AP goes for H stamping and gets the 221G.. Can they abandon the H visa (not a wise idea, but lets assume he/she is pressed for time) application and use AP to enter the US?
Shaisri extremely sorry for your loss. Q is absolutely right in his assessment that H4 will face similar problems.I do not mean to scare you at this time , just wanted to pass on this information. Stating from 2011 H4's are also getting pink/blue slips at the consulates since many Spouses after getting rejected for H1 stamping are trying the H4 route.
Please see this example thread below on H4 getting administrative processing at chennai in Jan 2012
http://www.trackitt.com/usa-discussi...nnai-consulate
http://forum.murthy.com/index.php?/t.../page__st__100
Once upon a time H4 stamping was a breeze...it no longer is. Please opt for Consular processing and if he has the facility to work from India and employer is willing to support him from there ..would be probably an better option.
H4 can still be a hailmary and if it works he can come back and do change of status back to H1 and also take care of his GC processing. However consulates are specifically clamping down on H4's who held H1's previously or whose H1 has run into stamping issues.
Last edited by gcseeker; 02-09-2012 at 02:01 PM.
"Before you criticize a man, walk a mile in his shoes"
I am planning to do that.
I have H1b extended till 2013 Jan. But I don't have a valid visa in my passport.
According to my attorney, I should take the EAD/AP to india and don't need the valid h1b stamped on my passport and so I don't need to go for visa stamping. I can return using the AP and once I am back, I can still work and maintain my h1b status as long as I don't activate my EAD. This is call "Dual intent" it seems. I loved this idea and if everything goes well, planning to travel to India after 5 long years for 3 weeks.
Please correct me if I am wrong. Its help both of us..
Wait a minute, you can do that??
Based on my understanding,
when your H1B visa is stamped on your passport, the IO stamps your I-94 as "H1" and the validity of I-94 is same as the validity of your I-797/stamped visa.
when you enter the US on AP, the I-94 is stamped as a "Parolee".. The validity is the same as the validity of your EAD/AP card and you lose your H1B status.
Could some1 please advise?
Plainspeak- I believe you are wrong here. The Advance Parole form clearly says that, if you have a valid H1-B, then you don't even need to apply for Advance Parole at all and you can travel on that without abandoning your AOS application.
The question i have brought up is, can you apply for Advance Parole, then leave the country on valid H1-B before getting advance parole approval. what happens to your application then?
You can H1B to work after entering on AP provided you are working for the same company which filed for GC.
Champu bhai
This was discussed sometime ago in the Post 485 thread. Your information is right that in the I-94 one gets labelled as Parolee for travel purpose only. Using your AP will not cancel your H1.
You can continue to work for your employer using your H1. Untill and unless you specifically ask for the switch to EAD and use that for working on EAD, you will continue to be on H1.
Google specifically for the Cronin memo.If you come back to work for the same employer you will not lose your H1.If you switch employers after using AP to enter you will have to use EAD and then having done the switch to EAD you will lose H1....
"Before you criticize a man, walk a mile in his shoes"
Applying for parole and using it are 2 different thing. Same with EAD. you can apply for EAD/AP as many times as you want as a backup. Till you use it it does not kick in.
If AP is applied it is based on your 485 and that has nothing to do with your travel if you want to use H1B to come back. Regarding using H1B to travel i am sorry you are right you can use H1B to travel and that will not abandon your AOS. I got confused because in my case i did have an H1B but no stamp and i did not want to go to get a stamping so i used my AP.
Thanks q. I agree with you. thats what i don't understand. It makes no sense for USCIS to cancel AP application if i travel on valid H1-B. i already have a valid H1-B stamp, so i am not gonna have to go to the consulate and run into potential problems. I just want to apply for AP at the time of applying for AOS. This would come handy in case i were to lose my job/quit while i was overseas. On either of the situations, having an AP document would enable me to return to the States, whereas even though the duration of my H1-B would be valid, it wouldn't be able to use that to enter the country. But as i mentioned, my lawyer seems to think that, if i don't apply for AP, i can travel right away on H1-B, but if i want to apply for AP, then i must wait till the approval has come before i can travel......oh the technicalities....wondering if anyone has had such a situation...or its just me...good topic for discussion though....
What happens on the 485 dependent case?
Say my dependent has had H1 from a different employer before she got EAD/AP. Just the apporoval. No stamping on passport.
Now if the dependent enters using the AP (easy way back in), does it mean the h1 is not valid from that point? Or can he/she continue to be on the H1?
-NSC-
PD - 02/08/08 |-| MD - 12/07/12 |-| RD - 12/09/12 |-| ND - 12/13/12 |-| NRD - 12/19/12 |-| EAD/AP Card production ordered - 1/26/12|-|EAD/AP Card Shipped - 1/30/12 |-| FP notice rxd by attorney - 2/1/12 |-| EAD/AP Card rxd with 1 yr valid - 2/1/12|-|FP Appt - 2/9/12|-|FP Early walk-in - 2/2/12 |-| GC - 2/24/12, Approval Email |-|
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