Prepare to file I485

[veni001]

Fellow members, first of all congrats to all that became current!!

This sudden jump, and the potential (debatable) for a further forward movement in PDs has made my situation a little more complicated. As I mentioned below, i am contemplating taking up a job offer in April 2012. IF (a big IF) I become current in the next visa bulletin (my PD is June-2010) there are two questions I am grappling with:

1) I have to travel for a wedding (brother-in-law so no chance I can skip it) in the first two weeks of March. Given this situation, even if I do become current in March I probably will not be able to file for I-485 till after the second week. I am basing this on my understanding that I cannot file for I-485 while I am in India even if I have all the required documents readily available. There may be a day or two window available to me around March 1, 2 when I can file though. Is it feasible for me to file in that short time frame and then leave the country?

2) The reason this is important is that it seems my processing time for I-485 may be very high if I wait till the second week of March. The only way I can take up another job sooner than the 6 months required (AC21) is if my GC gets approved sooner than this. I am in NYC, can anyone shed light on the likelihood of this happening? I believe it will be Vermont processing.

Thanks again. And congrats to everyone who is current once more!

randomax,

You would know in about 4-5 weeks if you are going to be current!

1) You need to be physically present in US when your AOS applications reach USCIS, i would not recommend leaving US without receipt notice(electronic or hard copy).

2) Since dates are moving in controlled manner i would not worry much for a two week delay in submitting AOS forms.

In any event, for a June-2010 PD i don't expect GC in hand before end of 2012, unless something is really wrong with the data we have on hand.

[funnysummer2005]

Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,

Funnysummer,

The best way for you is to file I-485 after coming to US, wait till you get AP and then leave with AP. If you leave without AP, you are supposed to be abandoning your GC application.
Alternative would be to apply for consular processing, that way you can get your GC while abroad. In fact Ron Gotcher advises CP as a faster route to get GC than AOS. The only advantage with AOS is the EAD and AP that comes with it and you are staying in US.

[veni001]

Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,

funnysummer2005,

Please refer to Federal Register Vol 72 No. 211.

You can download it here, refer to pages 61791-2

[leo07]

is HR3012 still on?

Amen Bro!!

Hearty Congratulations to everyone who is current in last few bulletins.

Please do not stop your support for HR3012.

GOCOGO!!!

PD - Feb 2011

[qesehmk]

That is correct. My understanding is that travelling with Valid H1 visa or approved 797 AFTER 485 filing is not a problem as long as the duration of stay outside is reasonably short. I think a couple months abroad should be considered reasonably short duration.

In fact USCIS shouldn't care about your temporary trip abroad if you can prove you had a residence in US while you were travelling abroad.

Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,

[mohan_jgd]

Congratulations to all those who become current. I really hope EB2IC juggernaut continues!

[iatiam]

Congratulations to all those who become current. I really hope EB2IC juggernaut continues!

Hi Mohan,
Does the "JGD" in your handle stand for "Jai GuruDev". I have been a member of art of living family for the past decade. Just curious.

[iatiam]

I goggled charles oppenheim but could not find his pictures. Wondering how he looks like. For now I am trying to picture him as a very old man with white beard riding a sled and handing out Christmas gifts

[funnysummer2005]

Hi Veni and Q- thanks for your answers. I took a look at the Federal Register and from that and your responses, I can conclude 3 things. Pls tell me if you agree with any/all or disagree.

1) From the register as per the change in law, it is not required for a valid h1 holder to present a Receipt when re-entering the country after a trip overseas and importantly nor does this harm the green card process after filing AOS.

2) Leaving the country after filing form AOS does not mean abandonment of green card process if having valid h1 status (counter argument with gcq) as h1 is dual intent.

3) From the bulletin, it also seems clear that if they don't require a Receipt on arrival from overseas back to the US (if having a valid h1), then obviously there is no problem in leaving the US right after (next day) filing form AOS and without having received the Receipt Notice from USCIS. Once again, just have to make sure that you have to be in the country on the day/ day after AOS is filed. (counter argument to earlier discussions with Kanami).

The main point i wanted to get clarified was that there is none adverse impact on green card process with the above after filing AOS and not necessarily the re-entering part.

Thanks for the responses guys.

funnysummer2005,

Please refer to Federal Register Vol 72 No. 211.

You can download it here, refer to pages 61791-2

[gcq]

Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,

I think you are right. Whatever I quoted was a traditional interpretation of I-1485 & AP. Recently I saw some clarifications regarding this.
http://www.murthy.com/news/n_favint.html

Some persons can have nonimmigrant status and an I-485 pending simultaneously, based on the doctrine of dual intent allowed under law. These classes of individuals may file for advance parole while in the U.S., leave before it is approved, and return using their proper nonimmigrant visas without abandoning the advance parole. This privilege extends to H1B, H-4, L-1, L-2, K-3, K-4, V-2 and V-3. These people must be readmitted in the nonimmigrant status without jeopardizing the pending I-485 application to adjust status.

http://www.murthy.com/arc_news/a_adpe.html

The INS has published interim regulations enabling persons who are maintaining valid H1, L1, H4 or L2 status and who have applied for adjustment of status to permanent residence, to travel abroad and reenter the U.S. on their non-immigrant visas rather than needing the advance parole. This new rule takes effect July 1, 1999.

Previously, all persons who have filed for adjustment of status (Form I-485), the last stage of green card processing, have needed to obtain an "advance parole" document in order to travel out of the country while their I-485 applications were pending. Those who traveled abroad without advance parole were considered to be abandoning their adjustment of status applications. In order to maintain one's status, that status must not have expired, and one must not violate that status.

[Kanmani]

Funnysummer

As Q said, a short trip after filing your AOS seems good. You said u are currently stationed at UK. Eventhough the position described in the perm is for furture employment, USCIS nowadays scrutinising all future employment applications. So a potential RFE is likely in your case.

You can consult an immi-attorney for free here http://www.allexperts.com/el/Immigration-Issues/

[funnysummer2005]

Thanks Kanmani- would that be the case even though I have filed under the NIW category and therefore no perm was filed. I mean would me being in the UK and having filed under NIW still be a cause for a RFE?

Funnysummer

As Q said, a short trip after filing your AOS seems good. You said u are currently stationed at UK. Eventhough the position described in the perm is for furture employment, USCIS nowadays scrutinising all future employment applications. So a potential RFE is likely in your case.

You can consult an immi-attorney for free here http://www.allexperts.com/el/Immigration-Issues/

[Kanmani]

I am unfamiliar with NIW category. What I said is true for regular filings .

Thanks Kanmani- would that be the case even though I have filed under the NIW category and therefore no perm was filed. I mean would me being in the UK and having filed under NIW still be a cause for a RFE?

[suninphx]

Funnysummer

As Q said, a short trip after filing your AOS seems good. You said u are currently stationed at UK. Eventhough the position described in the perm is for furture employment, USCIS nowadays scrutinising all future employment applications. So a potential RFE is likely in your case.

You can consult an immi-attorney for free here http://www.allexperts.com/el/Immigration-Issues/

Thanks Kanmani- would that be the case even though I have filed under the NIW category and therefore no perm was filed. I mean would me being in the UK and having filed under NIW still be a cause for a RFE?

IMO - current job location do not have much bearing on GC approval. Otherwise it would almost impossible to get GC for consulting guys. Many of them need to wait for years and no one can expect them to be in one place. Per my understanding in such cases company files with address of HO as job location. And the advertise mentions that employee would need to work at different client locations across US.

[funnysummer2005]

ok Thanks....apologize if this has already been asked, but as everyone else, I am trying to gather all the documents and want to make sure i don't miss anything about and these questions could help others too.

1) Is it a requirement to turn in the I-20 also with the AOS packet? I have been out of school for over 8 years and there is no way i have the 1-20 that was issued back then.

2) Vaccinations- if you are missing one of the vaccinations, will the doctor that you go to for the examination and to complete the form, will be give you that vaccine there and then and check off the box?

3) Anyone who has been to the medical exams so far, what do the doctors ask about past/current drug usage, are there any tests they do for drugs and what is the policy on it?


Thanks,

IMO - current job location do not have much bearing on GC approval. Otherwise it would almost impossible to get GC for consulting guys. Many of them need to wait for years and no one can expect them to be in one place. Per my understanding in such cases company files with address of HO as job location. And the advertise mentions that employee would need to work at different client locations across US.

[suninphx]

ok Thanks....apologize if this has already been asked, but as everyone else, I am trying to gather all the documents and want to make sure i don't miss anything about and these questions could help others too.

1) Is it a requirement to turn in the I-20 also with the AOS packet? I have been out of school for over 8 years and there is no way i have the 1-20 that was issued back then.

2) Vaccinations- if you are missing one of the vaccinations, will the doctor that you go to for the examination and to complete the form, will be give you that vaccine there and then and check off the box?

3) Anyone who has been to the medical exams so far, what do the doctors ask about past/current drug usage, are there any tests they do for drugs and what is the policy on it?


Thanks,

Please check 485 thread. There is lot of information out there.

[Kanmani]

Agree with you with respect to consulting jobs . Consulting firm attorneys are smart enough . But seen and heard several RFEs to non-consultants for change of location too .

IMO - current job location do not have much bearing on GC approval. Otherwise it would almost impossible to get GC for consulting guys. Many of them need to wait for years and no one can expect them to be in one place. Per my understanding in such cases company files with address of HO as job location. And the advertise mentions that employee would need to work at different client locations across US.

[suninphx]

Agree with you with respect to consulting jobs . Consulting firm attorneys are smart enough . But seen and heard several RFEs to non-consultants for change of location too .

Yeah - always best to consult immigration lawyer.

[ontheedge]

I goggled charles oppenheim but could not find his pictures. Wondering how he looks like. For now I am trying to picture him as a very old man with white beard riding a sled and handing out Christmas gifts

Hahahahaha! I guess CO Claus had EB2 Indians on his 'nice' list this year

[suninphx]

Why these guys need last residence of one year out side of United States in G-325 form? So for my friend who lived in Australia for oct 05 - nov 07 and then 4 months in India before coming to US he should provide Australia address I believe? Are they going ask him to obtain police Clarence report from Australia? ( He is going to ask his lawyer but that will be on Monday so thought of asking here quickly. Will remove post soon.)

[codesmith]

1) From the register as per the change in law, it is not required for a valid h1 holder to present a Receipt when re-entering the country after a trip overseas and importantly nor does this harm the green card process after filing AOS.
..............

Qstn - What do you mean by valid H1 ? If I've H1 extension and need visa stamping if I go to India would it be considered as valid H1 ?

[funnysummer2005]

codesmith- once you have the visa stamped in your passport, you would then be a valid h1b visa holder. Until you have the visa stamped, you would not be a visa holder.

Qstn - What do you mean by valid H1 ? If I've H1 extension and need visa stamping if I go to India would it be considered as valid H1 ?

[gomesnj]

Hi Gurus,

My PD is FEB 2010, so have to wait for the next month bulletin.
Have a question, I am in my OPT period and my cos to H1b is in process(regular). If I become current in next month bulletin, can I still go ahead and apply my I485 or do I need to wait for my H1B to be approved.
Experts who have any idea in my situation, please advice.

[qesehmk]

You can file 485 without waiting for H1B. But I think you need to check with lawyer since F1 is NOT dual intent status.

Hi Gurus,

My PD is FEB 2010, so have to wait for the next month bulletin.
Have a question, I am in my OPT period and my cos to H1b is in process(regular). If I become current in next month bulletin, can I still go ahead and apply my I485 or do I need to wait for my H1B to be approved.
Experts who have any idea in my situation, please advice.

Veni, I understand that. But documentarily qualified for India has to be 300 per month for EB2I ...and that's enough to stop any further dates progress.

In fact he had not applied QSP, there was absolutely no need to move the dates until May-Jun 2012. Will EB2I produce 300 documentarily qualified in January so that the Mar bulletin that comes out in Feb doesn't need to show dates progress? May be? Will there be 300 EB2I DQ's in Feb? You betcha! Of course but the dates movement is discretionary. So CO can do whatever. IMHO ... April bulletin shouldnt show any movement. If anything it should show retrogression.

Nishant;KD2008; Q;

IMHO, CO can (may/will) continue implementing QSP so long as documentarily qualified EB1& EB2ROW-M-P applications are less than the total available VISA numbers(27%) for that quarter for both categories!

Qstn - What do you mean by valid H1 ? If I've H1 extension and need visa stamping if I go to India would it be considered as valid H1 ?

He should've said approved H1. Whether it is stamped in passport is immaterial. In fact I would say any valid dual intent status is fine.

[SIII140]

Congratulations to all 2009 PD holders! This is a great forum!

I was supposed to file for Successor in Interest I-140 before my PD becomes current, but with Feb2012 bulletin, I am suddenly current.

1. Can I file for Successor in interest I-140 and I-485 concurrently? Last I talked to my lawyer, she said she recommends filing SII before my PD is current. However she did not say I cannot file concurrently. And I would have filed for SII early,but who knew dates will move so fast?

2. What happens if I am diagnosed with TB? Does it stop me from applying for I-485? Does the civil surgeon not sign the I-693?

3. My priority date is in late 2009, EB2I so the earliest that I can apply is Feb1, 2012? Will USCIS accept my application if I manage to submit before Feb2012?

4.Does EAD/AP processing get affected due to concurrent filing? Will they wait until my I-140 is approved before they process EAD/AP?

Thanks in advance for the help.