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  #1 (permalink)  
Old 11-22-2006, 05:09 PM
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Default Urgent help with H-1 B stamping and pending I-485 issue

Hi

I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.

I am planing to Go to India some time next summer.

But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.

Do I need to carry any extra documents apart from those needed for H-1 B stamping?

DO I need to Get Advance parole before going to mexico for H-1B stamping?

Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?

Your experienced advise will help me a lot.

Last edited by pmpforgc; 11-22-2006 at 05:10 PM. Reason: making short
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  #2 (permalink)  
Old 11-22-2006, 06:55 PM
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better check with your immigration attroney for your situation.

It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).

also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

good luck.

Quote:
Originally Posted by pmpforgc
Hi

I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.

I am planing to Go to India some time next summer.

But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.

Do I need to carry any extra documents apart from those needed for H-1 B stamping?

DO I need to Get Advance parole before going to mexico for H-1B stamping?

Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?

Your experienced advise will help me a lot.
__________________
Disclaimer: Use it at your own risk and doesnt represent my opinion/view. I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

Last edited by arnet; 11-22-2006 at 07:07 PM.
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  #3 (permalink)  
Old 11-22-2006, 07:27 PM
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Default

Arnet

Quote:
Originally Posted by arnet
better check with your immigration attroney for your situation.

It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

good luck.
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  #4 (permalink)  
Old 11-22-2006, 08:31 PM
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hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.


Quote:
Originally Posted by nivasch
Arnet
__________________
Disclaimer: Use it at your own risk and doesnt represent my opinion/view. I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
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  #5 (permalink)  
Old 11-22-2006, 09:21 PM
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Default Dear Members your reply solicited

Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
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  #6 (permalink)  
Old 11-22-2006, 11:28 PM
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Default

this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

http://immigrationvoice.org/forum/sh...highlight=foia (Employer not giving Copy of 140 and Labour)

Quote:
Originally Posted by kghoshal
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
__________________
Disclaimer: Use it at your own risk and doesnt represent my opinion/view. I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
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  #7 (permalink)  
Old 11-28-2006, 11:24 AM
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Default

Arnet,
Yes, though u not use in Port of Entry, still u can use for Work
That is what i am doing and as i told you, i got 3 year H1 Extension also


Quote:
Originally Posted by arnet
hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.
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  #8 (permalink)  
Old 11-28-2006, 11:42 AM
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Default Why dont you stamp in India

Now a days I head the appointments are easily available.
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