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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 10-20-2011, 06:25 PM
Donor
Priority Date
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Mar-05
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EB3
I140 Mailed Date
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03/18/2007
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I-485
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Default Status Change on I-485

I got an email yesterday night which says.



Post Decision Activity

We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on October 17, 2011, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.



What does this mean ?

the last know status was initial review.

I got a similar status change for my old I-140, few months back. where the status had gone back from Approved to Initial Review..

I had changed my employer, invoking AC-21 in August 2010. is this any thing of concern ?

Most importantly, my wife is planning to travel to India this Sunday . She is not in my Green Card process yet, and she is on H4. She is planning to got for stamping of VISA at US consulate in Chennai, India on November 1st week. Will this status change affect in the Stamping process ? Does she need to rethink about her travel plans ?
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  #2 (permalink)  
Old 10-21-2011, 09:38 AM
NIW NIW is offline
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Default

Hi!
You said your wife is on H4 and she is going for visa stamping. You do know that your status will change from H1 to PR once you get your greencard and after that she can't apply for H4 visa. I think you should think through the entire situation before she leaves.
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  #3 (permalink)  
Old 10-21-2011, 12:32 PM
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Default

I dont think I m that lucky to get the I-485 approved with out PD becoming current.

My question is, what does that status message means ? is it anything to be concerned ? as I see ....


We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on October 17, 2011, and are now reviewing our earlier decision.

For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.


don't know whatz their earlier decision
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  #4 (permalink)  
Old 10-21-2011, 12:41 PM
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you said that you are changed Employer with AC21, Then you are not on H1B status. How can your wife be on H4. I am little confused.
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  #5 (permalink)  
Old 10-21-2011, 03:13 PM
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Default It seems your 140 is revoked by your previous employer

Quote:
Originally Posted by bpratap View Post
I dont think I m that lucky to get the I-485 approved with out PD becoming current.

My question is, what does that status message means ? is it anything to be concerned ? as I see ....


We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on October 17, 2011, and are now reviewing our earlier decision.

For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.


don't know whatz their earlier decision
It seems your 140 is revoked by your previous employer. It is lucky that they are reviewing your 485. In some cases they straight forward denies the 485. In that case they have to open an MTR , submit AC21 (If the denial is due to change of employer) .

In your case, submit your AC21 ASAP even if you have submitted already so that they will consider while reviewing 485.
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  #6 (permalink)  
Old 10-21-2011, 06:32 PM
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Default

As per my Lawyer, AC 21 was submitted within a month of changing to new employer.
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  #7 (permalink)  
Old 10-21-2011, 09:51 PM
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Default

Quote:
Originally Posted by Nikith77 View Post
you said that you are changed Employer with AC21, Then you are not on H1B status. How can your wife be on H4. I am little confused.
I have the same question. Every lawyer and everyone I talk to says that the moment you use your EAD, your H1 becomes invalid, which obviously invalidates H4. How can his wife go for visa stamping?
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  #8 (permalink)  
Old 10-21-2011, 11:41 PM
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Default

Quote:
Originally Posted by Nikith77 View Post
you said that you are changed Employer with AC21, Then you are not on H1B status. How can your wife be on H4. I am little confused.
Quote:
Originally Posted by snthampi View Post
I have the same question. Every lawyer and everyone I talk to says that the moment you use your EAD, your H1 becomes invalid, which obviously invalidates H4. How can his wife go for visa stamping?
I never used EAD, even though I have one. If I use it, I ll be out of H1 and H4 will become invalid. I got married in 2008. so you can imagine my pity state...
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  #9 (permalink)  
Old 10-22-2011, 09:51 AM
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Default

If you are on EAD - you can go back to H1 ( i think new company need to apply one)....I am not sure what is the process though!...

But then one of my friend did this - She was working on EAD and she suddenly got her I-140 rejected in EB2. She then moved back to H1 ( I remember she had to go out of country for this).......

Please consult ur attorney...
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  #10 (permalink)  
Old 10-24-2011, 02:32 AM
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Default Did you transfer your H1 while changing employer ??

My case is exactly same as yours - I have EAD since 2007 (3 renewals till 2011) though I never used it. I changed employer in 2009 but still didn't use EAD , rather I tranferred my H visa using a Premium route.

Unless you transferred your H1 to the new employer , the Old H1 is gone because that was tied to the Old employer and they might have terminated the petition long back.
You can NOT even transfer now. Its always a good idea to transfer ( or at least file for the transfer) Promptly after the Job change , if you wish to continue working on H1B instead of EAD.

Hope you got it. If you have NOT transferred the H1B that means you are automatically on EAD because you have nothing else to keep you in status. And if for some reason the I-485 that's backing up the EAD gets denied you lose your EAD, AP, Status - everything and plan to pack bags soon. This is how lame the who immigration system is currently.

Quote:
Originally Posted by bpratap View Post
I never used EAD, even though I have one. If I use it, I ll be
out of H1 and H4 will become invalid. I got married in 2008. so you can imagine my pity state...
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  #11 (permalink)  
Old 10-24-2011, 10:41 AM
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ImmInd is on a distinguished road
Default EAD and H1

I have EAD and never used to work. I am still with sponsoring employer and my H1 is getting renewed everytime. This makes me to work with employer without EAD.

Employer does H1 because:
- H1 is renewable well advance (about 180 days and premiun is available)
- Helps to stay on H1 to resolve if any issues with 485
- EAD can be appiled in 90-120 days advance only and I am asked to take care of it.

If you leave sponsoring emplyer:
1. No more H stuff if you are already out of H1 limit: use EAD, file AC21 ASAP.
2. You have remaining years in H1 : Transfer and take advantage...

Hope, this may help you and please check with your lawyer!
__________________
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AP & EAD : 6th and 5th
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  #12 (permalink)  
Old 10-24-2011, 10:43 AM
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Default

Thanks Diptam.

Good to know there are / were people in similar situations to get suggestions n help.

As I mentioned earlier, I never used EAD but did a H1 transfer to the new company. without H1 there is no H4.

thank you again !
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  #13 (permalink)  
Old 10-24-2011, 02:06 PM
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then why did you file your AC21, that means you are on EAD. Hope it is wrong.
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  #14 (permalink)  
Old 10-24-2011, 02:30 PM
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Default

I m not expert on this. that's why I m asking questions to clarify.

But I see AC21 on my I-129

may be this link helps to understand

Immigration: AC21 and H1B Extension Beyond Six-Year Limitation
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  #15 (permalink)  
Old 10-24-2011, 03:32 PM
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Quote:
Originally Posted by Nikith77 View Post
then why did you file your AC21, that means you are on EAD. Hope it is wrong.
Thats not true. You file AC21 to inform USCIS that you no longer work with your GC sponsoring employer & that you have changed your job & your job has same/similar job duties as prescribed in your original labor. It is necessary to do AC21 once you change your job & your 485 has been pending. This is to shield you from problems that could arise if your GC sponsoring employer withdraws your I-140.

In this case, I mostly suspect that change of status on I-485 is bcoz the previous employer probably withdrew 140. I would suggest taking an info pass & visiting your local DHS office or opening a SR.
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