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  #1 (permalink)  
Old 10-23-2007, 04:46 PM
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sury is on a distinguished road
Default Travel to India

-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Pending
I-485 - Pending
Center: TEXAS SERVICE CENTER

Recieved EAD Card and FP done.
-------------------------------

I have to make a urgent visit to India to address some family issues. I was just wondering if I can do it on H1-B.

I Hope I don't get any problems. Please advise.



Thanks,
Sury
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  #2 (permalink)  
Old 10-23-2007, 05:56 PM
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Default

Hey Sury

You can travel to India on H1-B.

There will be no problem as long as you are re-entering with an H1 for the same company who is sponsoring your GC.

For more info, please read this from www.immigration-law.com


10/11/2007: H-1B 485 Travelers: To Travel on H-1B or Advance Parole, That is the Question

Advance Parole is a very convenient legal document that allows the 485 applicants to travel in and out of the country without a valid visa. However, assuming that an alien has a privilege of traveling and working on either of the two options, one should still make a tough decision as to which option one should choose. Inasmuch as the alien also possesses a valid EAD, traveling on Advance Parole and working on EAD on the surface appear to make more sense rather than traveling and working on a H-1B status.
However, we have previously summarized advantages and disadvantages of these two options a number of times and we will not go into the details again. However, it suffice that we note the following few critical points to help these professionals to make a decision:
One of the huge advantage of traveling and working on a H-1B status is continuing a legal H-1B nonimmigrant status even after the I-485 application is denied. Becasue of the dual intent that is allowed to the H-1B nonimmigrants, filing or denial of H-1B does not affect their nonimmigrant status even if I-485 is denied. On the other hand, one who works on EAD and in a parolee status instantly loses their legal status as soon as the I-485 application is denied as the alien remained in either a parolee status or no nonimmigrant status, even though their stays have been authorized pending the adjudication of I-485 applications. Since the alien turns into an out-of-status alien, such alien cannot change the status to any nonimmigrant status after the I-485 is denied and must leave the country. This is a serious disadvantage for working on an EAD and AP. The advantage of 485 applicants who obtained AC 21 Section 104(c) H-1B extension in three-year increment will be allowed to try another green card application process even after the I-485 is denied as they will have a plenty of time to continue the legal employment in H-1B status in the future. Denial of I-485 application does not invalidate the H-1B status including the three-year increment extensions. For this reason, some of the 485 applicants want to change of employment using AC 21 portability using a new H-1B status through the new employer rather than using EAD.
Probably more important than the foregoing advantages of working on H-1B and traveling on H-1B includes a legal relief available in the event of nonimmigrant status violation pending I-485 application or before filing I-485 application within the six months prior to filing of I-485 applicattions. There is so-called 245(K) provision which forgives unauthorized employment or out-of-status within six month prior to filing of I-485 application or during the pending I-485 application inasmuch as the alien was "last admitted" to the U.S. in a valid nonimmigrant status. Thus, if one travels on a H-1B status and returns to the U.S. as a H-1B nonimmigrant, any unauthorized employment or violation of H-1B or other nonimmigrat status after such last admission will be forgiven and not affect the pending I-485 application. Since one can violate the nonimmigrant status or employment authorization during the course of I-485 waiting, this can present a very valuable relief to complete the I-485 journey. This 245(K) benefit is not avaiable if one travels and returns on a parolee status because "parole" is not considered an "admission." Accordingly, those H-1B aliens who traveled and returned to the U.S. as a parolee may want to leave the country again and return to the U.S. in a H-1B status this time to be admitted as a nonimmigrant in order to take advantage of the 245(K) benefit.
However, people should not misunderstand that keeping a H-1B status is a panacea for everyone. Once one opts to keep and remain in a H-1B status, one should strictly and religiously adhere to the complicated labor condition application rules and H-1B rules including the restriction to the job sites. Any violation of these rules will turn him or her into out-of-status affecting the pending I-485 application as it usually accompanies unauthorized employment as well. On the otherhand, working on EAD and Advance Parole frees him or her from any H-1B rules or conditions and practically allows him or her to complete the I-485 journey, which could have been precluded, had he/she stayed in a H-1B status. The EAD and AP also frees the employers from the H-1B and LCA rules including amount of pay they are required to pay, location of jobs, and even benching. Besides the alien can obtain a second or third job of any nature inasmuch as the employer does not object and the permanent labor certification job is maintained. Accordingly, those who face or will face potential violations of the H-1B rules and status because of the employer business or whatever reasons should quickly convert their basis of employment authorization from H-1B to EAD not to violate the immigration laws and jeopardize their ultimate journey of 485 approval. Sometimes, people use AC 21 change of employment to free themselves from the employer's business change potentially affecting their ability to keep the H-1B rules as remaining with the current employment will cause them violation of H-1B status not because of his/her own fault but because of the fault of the employer, to wit, bankruptcies, benching, less than prevailing wage payment, unauthorized location employment, etc. etc. Besides, should one completes the 485 journey with the original employer, depending on the alien's intent to work for the employer through the completion of the 485 approval, there can arise a potential issue of "misrepresentation" and potential issue of revocation of green card after completing the green card journey, should the USCIS obtain an evidence that the alien did not intend to work for the employer at the time of approval of I-485 application. When AC 21 portability is used, such issue of intent to work for any single employer more or less disappears or reduced and there is less of a chance of facing any revocation issue during the course of naturalization (citizenship) process. Depending on the circumstances, this can also free the employer from the burden of maintaining its intent to hire the alien "permanently" throughout the 485 application process and afterwards. One of the magics that lie with the AC 21 I-140 portability includes this issue.
As the readers can see from the foregoing summary, the decision of choosing one of the two options will totally depend on each individual's circumstances. This is one of the typical situations that makes one a fool if one makes a decision because of the so-called "my friend did this or that" foolishness. People should seek legal counsel. ABSOLUTELY! I mean it!!!

Hope this helps..
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  #3 (permalink)  
Old 10-23-2007, 06:08 PM
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GC_Aspirant101 is infamous around these parts
Default take reciepts

Take all your original reciept notice with you
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  #4 (permalink)  
Old 10-23-2007, 08:43 PM
ras ras is offline
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Default Travel with out Original 485 Reciept notice

I need to visit india starting nov 1st week. My checks have been cashed but haven't recieved EAD, nor AP. I also have an issue in getting the original reciept notice from the attorney, in that the employer may ask additonaly money. Insteadm can I take a print out the checks cashed with the reciept number and as well as the online application status on the USCIS website and use it for my travel?
Will there be any issues if you just have the proof through the Checks Cashed?
Thanks in advance for any advise.
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  #5 (permalink)  
Old 10-23-2007, 09:05 PM
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Default

ras,
leaving with copies of ap is not an option. you need to have an original AP document or a valid hib visa in your passport. An original or copy of the 485 receipt is also required.

The ap is mailed to you and not the lawyer unlike the recipt copy which is mailed to him and he is legally bound to give you!
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  #6 (permalink)  
Old 10-24-2007, 01:00 AM
ras ras is offline
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ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts ras is infamous around these parts
Default forgot to mention that I have a valid H1 visa till 2010

Sorry forgot to mention that I have a valid H1 visa in my passport till 2010. In such case do I still need to have the 485 reciept notice copy? (or Original?)
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  #7 (permalink)  
Old 10-24-2007, 04:26 PM
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Default

If possible ,It is advisable to carry the original I-485 receipt to avoid any issues that might arise in future.

http://www.immigration-law.com/

It thus appears that the regulation that requires a possession of original I-485 receipt notice

Well, a law is a law. Even though the record reflects that the immigration examiners have rarely implemented and enforced this law in adjudicating 485 applications, such record cannot guarantee continuing ignorance of this law by the adjudicators. As it stands now, should an I-485 application be denied on this evidence of abandonment of immigrant intent by an adjudicator, the burden of proof of continuing immigrant intent at the time of reentry should rest with the applicant requiring specific evidence of immigrant intent at the time of reentry. People may as well travel with the original I-485 receipt notices until the USCIS acts otherwise.
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  #8 (permalink)  
Old 10-24-2007, 04:46 PM
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MrWaitingGC is on a distinguished road
Default I am also traveling on Nov 1st week I got original receipts from lawyer

Quote:
Originally Posted by ras View Post
I need to visit india starting nov 1st week. My checks have been cashed but haven't recieved EAD, nor AP. I also have an issue in getting the original reciept notice from the attorney, in that the employer may ask additonaly money. Insteadm can I take a print out the checks cashed with the reciept number and as well as the online application status on the USCIS website and use it for my travel?
Will there be any issues if you just have the proof through the Checks Cashed?
Thanks in advance for any advise.

I remember reading in one of the AILAQandA Sept2007 I 485 Receipt rule for H and L NonImmigrants: According to it it says if you travel without prior grant of advance parole on an application for adjustment of status of alien admitted in H or L requires the alien to posses an original I797 receipt for the I485 application, or the application for adjustment of status will be treated as abondoned.

I forwarded this to my lawyer and requested to send original receipts and they have sent me the originals.

Note: I cannot upload this document AILAQandASept2007. May be some others can help.

Send this to your lawyer and ask to send originals.
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  #9 (permalink)  
Old 10-24-2007, 05:26 PM
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Default Not True

Not quite true. My lawer received my AP papers and forwarded it to me.

Quote:
Originally Posted by aviko21 View Post
ras,
leaving with copies of ap is not an option. you need to have an original AP document or a valid hib visa in your passport. An original or copy of the 485 receipt is also required.

The ap is mailed to you and not the lawyer unlike the recipt copy which is mailed to him and he is legally bound to give you!
__________________
EB-2 Dec 2005
I-140 March 2006
I-485-Filed July 3
RD- Sep 4th 2007
EAD- Sep 17th 2007
FP- Sep 28th
AP- Oct 1st

First application:
EB-2 Aug 2002-Employer Shut Down

GREENED AUG 5th 2010
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  #10 (permalink)  
Old 10-24-2007, 05:34 PM
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Default Spouse uses AP and EAD , Principal applicant still can maintain H1B?

If spouse travel to India and comes back on AP and uses EAD to work then I think she/he looses her H4 status and remain on EAD. In those circumstances pricipal applicant who is on H1B , can he/she maintain the H1B status?
Quote:
Originally Posted by smartboy75 View Post
Hey Sury

You can travel to India on H1-B.

There will be no problem as long as you are re-entering with an H1 for the same company who is sponsoring your GC.

For more info, please read this from www.immigration-law.com


10/11/2007: H-1B 485 Travelers: To Travel on H-1B or Advance Parole, That is the Question

Advance Parole is a very convenient legal document that allows the 485 applicants to travel in and out of the country without a valid visa. However, assuming that an alien has a privilege of traveling and working on either of the two options, one should still make a tough decision as to which option one should choose. Inasmuch as the alien also possesses a valid EAD, traveling on Advance Parole and working on EAD on the surface appear to make more sense rather than traveling and working on a H-1B status.
However, we have previously summarized advantages and disadvantages of these two options a number of times and we will not go into the details again. However, it suffice that we note the following few critical points to help these professionals to make a decision:
One of the huge advantage of traveling and working on a H-1B status is continuing a legal H-1B nonimmigrant status even after the I-485 application is denied. Becasue of the dual intent that is allowed to the H-1B nonimmigrants, filing or denial of H-1B does not affect their nonimmigrant status even if I-485 is denied. On the other hand, one who works on EAD and in a parolee status instantly loses their legal status as soon as the I-485 application is denied as the alien remained in either a parolee status or no nonimmigrant status, even though their stays have been authorized pending the adjudication of I-485 applications. Since the alien turns into an out-of-status alien, such alien cannot change the status to any nonimmigrant status after the I-485 is denied and must leave the country. This is a serious disadvantage for working on an EAD and AP. The advantage of 485 applicants who obtained AC 21 Section 104(c) H-1B extension in three-year increment will be allowed to try another green card application process even after the I-485 is denied as they will have a plenty of time to continue the legal employment in H-1B status in the future. Denial of I-485 application does not invalidate the H-1B status including the three-year increment extensions. For this reason, some of the 485 applicants want to change of employment using AC 21 portability using a new H-1B status through the new employer rather than using EAD.
Probably more important than the foregoing advantages of working on H-1B and traveling on H-1B includes a legal relief available in the event of nonimmigrant status violation pending I-485 application or before filing I-485 application within the six months prior to filing of I-485 applicattions. There is so-called 245(K) provision which forgives unauthorized employment or out-of-status within six month prior to filing of I-485 application or during the pending I-485 application inasmuch as the alien was "last admitted" to the U.S. in a valid nonimmigrant status. Thus, if one travels on a H-1B status and returns to the U.S. as a H-1B nonimmigrant, any unauthorized employment or violation of H-1B or other nonimmigrat status after such last admission will be forgiven and not affect the pending I-485 application. Since one can violate the nonimmigrant status or employment authorization during the course of I-485 waiting, this can present a very valuable relief to complete the I-485 journey. This 245(K) benefit is not avaiable if one travels and returns on a parolee status because "parole" is not considered an "admission." Accordingly, those H-1B aliens who traveled and returned to the U.S. as a parolee may want to leave the country again and return to the U.S. in a H-1B status this time to be admitted as a nonimmigrant in order to take advantage of the 245(K) benefit.
However, people should not misunderstand that keeping a H-1B status is a panacea for everyone. Once one opts to keep and remain in a H-1B status, one should strictly and religiously adhere to the complicated labor condition application rules and H-1B rules including the restriction to the job sites. Any violation of these rules will turn him or her into out-of-status affecting the pending I-485 application as it usually accompanies unauthorized employment as well. On the otherhand, working on EAD and Advance Parole frees him or her from any H-1B rules or conditions and practically allows him or her to complete the I-485 journey, which could have been precluded, had he/she stayed in a H-1B status. The EAD and AP also frees the employers from the H-1B and LCA rules including amount of pay they are required to pay, location of jobs, and even benching. Besides the alien can obtain a second or third job of any nature inasmuch as the employer does not object and the permanent labor certification job is maintained. Accordingly, those who face or will face potential violations of the H-1B rules and status because of the employer business or whatever reasons should quickly convert their basis of employment authorization from H-1B to EAD not to violate the immigration laws and jeopardize their ultimate journey of 485 approval. Sometimes, people use AC 21 change of employment to free themselves from the employer's business change potentially affecting their ability to keep the H-1B rules as remaining with the current employment will cause them violation of H-1B status not because of his/her own fault but because of the fault of the employer, to wit, bankruptcies, benching, less than prevailing wage payment, unauthorized location employment, etc. etc. Besides, should one completes the 485 journey with the original employer, depending on the alien's intent to work for the employer through the completion of the 485 approval, there can arise a potential issue of "misrepresentation" and potential issue of revocation of green card after completing the green card journey, should the USCIS obtain an evidence that the alien did not intend to work for the employer at the time of approval of I-485 application. When AC 21 portability is used, such issue of intent to work for any single employer more or less disappears or reduced and there is less of a chance of facing any revocation issue during the course of naturalization (citizenship) process. Depending on the circumstances, this can also free the employer from the burden of maintaining its intent to hire the alien "permanently" throughout the 485 application process and afterwards. One of the magics that lie with the AC 21 I-140 portability includes this issue.
As the readers can see from the foregoing summary, the decision of choosing one of the two options will totally depend on each individual's circumstances. This is one of the typical situations that makes one a fool if one makes a decision because of the so-called "my friend did this or that" foolishness. People should seek legal counsel. ABSOLUTELY! I mean it!!!

Hope this helps..
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  #11 (permalink)  
Old 10-24-2007, 06:01 PM
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Default

My Attorney also suggested that there is NO LAW that would require us to carry the original I-485 notices. But, just to be on a safe side, I requested the originals and they sent me. It's just that you have to be very careful with those receipts.....USCIS wont issue duplicates for them.

Quote:
Originally Posted by MrWaitingGC View Post
I remember reading in one of the AILAQandA Sept2007 I 485 Receipt rule for H and L NonImmigrants: According to it it says if you travel without prior grant of advance parole on an application for adjustment of status of alien admitted in H or L requires the alien to posses an original I797 receipt for the I485 application, or the application for adjustment of status will be treated as abondoned.

I forwarded this to my lawyer and requested to send original receipts and they have sent me the originals.

Note: I cannot upload this document AILAQandASept2007. May be some others can help.

Send this to your lawyer and ask to send originals.
__________________
EB-3 INDIA, PD Nov. 2005
I-485 Receipt Date : 7/19/07, Notice Date: 9/18/07
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  #12 (permalink)  
Old 10-24-2007, 06:06 PM
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sury is on a distinguished road
Default

When I am in India for a visit and if my I-485 gets approved then my H1-B will not be valid anymore. How should I enter US in this kind of situation.
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  #13 (permalink)  
Old 10-24-2007, 06:12 PM
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Default

Using AP. You absolutely HAVE to use AP to re-enter US in that case.

Quote:
Originally Posted by sury View Post
When I am in India for a visit and if my I-485 gets approved then my H1-B will not be valid anymore. How should I enter US in this kind of situation.
__________________
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I-485 Receipt Date : 7/19/07, Notice Date: 9/18/07
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  #14 (permalink)  
Old 10-25-2007, 01:09 AM
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ivvm will become famous soon enough ivvm will become famous soon enough
Default

Quote:
Originally Posted by sury View Post
When I am in India for a visit and if my I-485 gets approved then my H1-B will not be valid anymore. How should I enter US in this kind of situation.
Just curiosity is your PD of Feb 2007 in EB 1 category..if not then how do you expect a I-485 approval in next few days
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  #15 (permalink)  
Old 10-25-2007, 03:42 PM
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MrWaitingGC is on a distinguished road
Default Are you sure...

Quote:
Originally Posted by hmehta View Post
Using AP. You absolutely HAVE to use AP to re-enter US in that case.
Currently I have not got AP. I am planning to travel and comeback on H1 status. In between If I485 gets approved what are the consequences...

H1 is dual intent right ?
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