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| AOS Interview: Cleared
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| User: |
panky5 |
Labor Filing Date: |
13 Dec 2004 |
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| I-485 Received Date: |
17 Sep 2007 |
Transferred to NBC: |
18 Sep 2008 |
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| Interview Notice Issued: |
23 Oct 2008 |
Interview Notice Received: |
30 Oct 2008 |
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| Interview Date: |
10 Dec 2008 |
Interview Location: |
Los Angeles, CA |
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| Interview Status: |
cleared |
Nationality: |
India |
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| Interview Experience: |
I had the AOS Interview today and here are the developments:
1) He took I-94
2) He put a stamp of "Cancelled without Prejudice" on top of H1B Visa
3) He communicated that my status is 'Intent Immigrant' now
4) He asked for Company tax return to find out if they are financially sound, and since I did not have it, he mentioned he will mail a letter tonight which I will receive in 2 days, to which I have to reply with tax return copy, or my company can send it to them too.
5) He mentioned that there is a sponsorship form required from me for my wife, that I can / will support her financially (my guess is, its a form I-864). He mentioned that I should read it carefully and reply back/send the form
Only then he can work further on the case.
When asked about the I-94, he said that since you are no longer on H1, you do not need it and I cannot travel on that as now I am an Intend Immigrant.I can travel only when I have GC or AP. And if not, then your application might get cancelled if I go out.
When asked about when will I get GC, he mentioned only after visa is available, priority date gets current, and he does not know when.
Questions:
1) What status am I on now? H1b/EAD/Immigrant Intent-what is it?
2) Can I continue to work on my H1B or do I have to start on EAD/declare it somehow
3) My EAD is expired, how does this affect me? Do I need to get it renewed to continue working?
4) Can or do I need to go ahead and file for AP? What about my expired EAD, should I apply for Extension for it?
5) Is this query asked by the IO an RFE or just more documents requested through Interview channel?
6) Am I better of as of yesterday or is this even more confusing for me in terms of getting to a GC? |
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| Notes: |
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| Last Updated: |
10 Dec 2008 |
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1 Comment
 Posted by Pagal on 16 Dec 2008Hello Panky,
Well, my case was that my spouse has a business income and the IO wanted to know whether her role was active or passive, hence, all the tax documentation of the business.
My H-1B is still current (valid thro' 2010 April) and I told the IO that I needed to travel outside of US within a week of the interview (which was true) and hence needed my I-94. He was a nice guy and returned the I-94.
Regarding your questions:
1. If your H-1B is no more valid, then you are 'AOS pending' status and can travel only on AP or GC
2. You should use EAD if H-1B is cancelled
3. Yes, EADs are renewed within a month or so
4. Yes, do get AP so if you need to travel outside US urgently, then you don't have to worry
5. IO can ask anything related to your application and has the authority to abjudicate/deny your application. Interview offers IO a quick and easy way to confirm his/her questions in person
6. I would say, in a better state, as you now have more clarity about EAD and AP need :)
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