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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 10-08-2007, 04:34 AM
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droneboyz is on a distinguished road
Exclamation Travel without AP, and going for H1 visa interview

Hi everyone here, I am a newbie, here's my situation. I know situations like this have been discussed here, but i did not find one thats exactly similar: (thanks for reading my long rant)

1. My H1 visa has expired on 15th Sep 2007. I have a I-797 approval notice for H1 till Sep 2010.
2. My I-120 has been approved. Applied for I-485 on Aug. 7. 2007, and received the approval notice too. Did not apply for EAD and AP yet - my (stupid) attorney told me it was not necessary. I did not do due diligence, and did not know that it can have an effect on H1 stamping. However I plan to do that Monday, 6Oct07.
3. I have to go to India on Business, in the 2nd week of October, and have procured an appointment date at the Mumbai Consulate for the 22nd.

In light of the above situations, I have been advised that I should NOT travel outside the country, until I receive my Advanced Parole. The reason being that, even though the H1 is a dual-intent visa, I can be refused a visa if I say that 'Someone has filed an immigrant petition of my behalf'. I am aware that I should carry my I-485 receipt with me in any case.

So here's my questions:
1. 'Has anyone in these forums or anyone you know been in this situation like mine and BEEN REFUSED a H1 visa' I do not know of anyone else in this situation and refused.
2. I am going to try to get an emergency appointment at the local uscis field office, my employer's rep will join me to talk to them and let them know that they really need me to go to india with them, hence an AP would be really good. Can this be detrimental in any way?

I really appreciate your help with my situation, I think I should have been a bit more proactive and should have applied for the EAD and AP when I sent the I-485 application.
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  #2 (permalink)  
Old 10-08-2007, 07:53 AM
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You will be fine. You can get your h1b visa stamped. I did that before I could even get my 485 RN.

It may take years before you get your GC, it is advisable to be on h1b, as long as possible.
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  #3 (permalink)  
Old 10-08-2007, 10:44 AM
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srid121 is on a distinguished road
Default Do not Worry

I have been to India for stamping recently. I did answer Yes for Any one filed Immigration Petition on your behalf question.
The Visa Officer saw that one specifically and commented that "So I see that your green card is on your way" and for that I answered "I have applied for 485 recently".
I got my Visa approved. This is at Kolkata Consulate.
So do not worry about it.
Sri.
Quote:
Originally Posted by droneboyz View Post
Hi everyone here, I am a newbie, here's my situation. I know situations like this have been discussed here, but i did not find one thats exactly similar: (thanks for reading my long rant)

1. My H1 visa has expired on 15th Sep 2007. I have a I-797 approval notice for H1 till Sep 2010.
2. My I-120 has been approved. Applied for I-485 on Aug. 7. 2007, and received the approval notice too. Did not apply for EAD and AP yet - my (stupid) attorney told me it was not necessary. I did not do due diligence, and did not know that it can have an effect on H1 stamping. However I plan to do that Monday, 6Oct07.
3. I have to go to India on Business, in the 2nd week of October, and have procured an appointment date at the Mumbai Consulate for the 22nd.

In light of the above situations, I have been advised that I should NOT travel outside the country, until I receive my Advanced Parole. The reason being that, even though the H1 is a dual-intent visa, I can be refused a visa if I say that 'Someone has filed an immigrant petition of my behalf'. I am aware that I should carry my I-485 receipt with me in any case.

So here's my questions:
1. 'Has anyone in these forums or anyone you know been in this situation like mine and BEEN REFUSED a H1 visa' I do not know of anyone else in this situation and refused.
2. I am going to try to get an emergency appointment at the local uscis field office, my employer's rep will join me to talk to them and let them know that they really need me to go to india with them, hence an AP would be really good. Can this be detrimental in any way?

I really appreciate your help with my situation, I think I should have been a bit more proactive and should have applied for the EAD and AP when I sent the I-485 application.
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  #4 (permalink)  
Old 10-10-2007, 03:54 AM
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droneboyz is on a distinguished road
Default how to answer 'how long do you intend to stay in the US'

Thanks so much, guys. I have decided to go for the interview, finally.
One question: what should i write in the space provided for 'How long do you intend to stay in the US' in the form DS-156?
This is tricky, because i can say 3 years (based on expiration of the h1 permit), but im also saying that 'someone has applied on immigrant petition on my behalf'...

any experiences?
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  #5 (permalink)  
Old 10-10-2007, 07:40 AM
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Default H1B and I485 are different

No need to worry.

1. You have a H1B visa at your hand (does not matter whether it is valid or expired)
2. You have the valid extension paper
3. I-485 is completely different from your H1-B while you are going for visa interview. It has NO EFFECT on the result of a H1-B interview(my lawer confirmed this)
4. How long your stay in US? 3 Years (until your GC is approved, your valid stay is based on your H1B ONLY)
5. Take all required documents (inclucing tax returns for ALL years you are in US and all previous H1B approvals)

They usually do not make decisions based on whether you applied for GC or not, since you (EBs) have been allowed by US Government to apply, and most importantly there are seeing several hundreds of cases on the same stage everyday. If that is the case, it would have been a very big issue.

So no worries. You will get it.
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Last edited by insbaby; 10-10-2007 at 07:42 AM.
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  #6 (permalink)  
Old 10-13-2007, 07:54 PM
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GC08 will become famous soon enough
Question H1B impact on EAD and AP

I have a question about H1B stamp vs. EAD and AP. Due to the huge backlog, I guess a lot of people may not be able to get their AP before they travel outside of the States. This means people will have to obtain H1B stamp to come back to the US. Someone mentioned that if you use H1B to come back to the country, it will invalidate the EAD and AP going forward. Does anyone know if this is true? Thanks!

A related question is: will H1B extension invalidate existing EAD or AP?

P.S.: I think this is especially important for those who need to use AC21 either to change jobs or to get some job security (in case they have to leave the current job). As I understand it, you can only use EAD to take advantage of AC21. Right?

Last edited by GC08; 10-13-2007 at 08:08 PM.
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  #7 (permalink)  
Old 10-13-2007, 08:31 PM
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Default

This question is not related with your Immigration petion.

This question is for the H1-B Visa you are applying, as of the day you go to consulate your 485 is pending and you know you will be in US until your H1-B expiration, so that is the date you need to write.

When I went for my visa interview, after consulting my friends I just wrote till Feb -2008 which is my H1-B expiration date.



Quote:
Originally Posted by droneboyz View Post
Thanks so much, guys. I have decided to go for the interview, finally.
One question: what should i write in the space provided for 'How long do you intend to stay in the US' in the form DS-156?
This is tricky, because i can say 3 years (based on expiration of the h1 permit), but im also saying that 'someone has applied on immigrant petition on my behalf'...

any experiences?
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  #8 (permalink)  
Old 10-16-2007, 01:20 PM
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Default H1 B stamping in Canada

I have just recd notices for I-485, EAD, and AP. FP is on Oct 31st. Can I go to Canada for H1-B stamping? I am a derivative applicant and not sure if Canada is risky given the scenario. Thanks.
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  #9 (permalink)  
Old 10-16-2007, 01:25 PM
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Default Risky

Quote:
Originally Posted by miapplicant View Post
I have just recd notices for I-485, EAD, and AP. FP is on Oct 31st. Can I go to Canada for H1-B stamping? I am a derivative applicant and not sure if Canada is risky given the scenario. Thanks.
Canada is always a risky scenario in case your H1 is not stamped for any reason in which case you would have to go to India from Canada . Although no one expects H1 restamping to be denied but that is a possibility.
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  #10 (permalink)  
Old 10-16-2007, 01:26 PM
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Default

Quote:
Originally Posted by hpandey View Post
Canada is always a risky scenario in case your H1 is not stamped for any reason in which case you would have to go to India from Canada . Although no one expects H1 restamping to be denied but that is a possibility.
Unless of course your previous stamping is still valid for some more time and you are able to come back to US on that and go to India from here for stamping.
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  #11 (permalink)  
Old 10-18-2007, 03:25 PM
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Default

Quote:
Originally Posted by hpandey View Post
Unless of course your previous stamping is still valid for some more time and you are able to come back to US on that and go to India from here for stamping.
I don't believe that is possible. Should the stamping be denied in Canada, they also void the previous stamp, even though it may still be valid. So in that case, the person would have to leave for India directly from Canada.
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  #12 (permalink)  
Old 10-19-2007, 10:10 AM
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Default H1 Stamping

I was on H4 in 2003 and then on H1 in 2005
I am working since then (2 yrs)
I am going for H1 stamping for the 1st time in Mumbai
Just wanted to find out , will it be to my advantage to mention I work for a govt project (client) or will it not be good to mention Govt as the client

'coz they will surely ask which client I am working for?
Also, for subcontracted people, should we get letter from employer or from the vendor?
Is a letter from client imp too?

anybody any ideas?
Thanks
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