Member Profile

gemini23's Immigration Cases

the question should be "Shoud I quit USA?"

The decision either to quit or to wait for gc or to go to canada or someother country is totally upto eachone of us.

More important is the question of " AM I HAPPY with the decisions I made?"

if you look at words in original law...""is in possession of a valid H or L visa (if required)""

look at the "if required" part. so H1 stamp is not needed if have a EAD and AP.

basically you have to chose which set of documents you are going to use to re-enter.

a) H1B stamp

b) EAD + AP

choice (a) will let you in on H1 status.

choice (b) will let you on adjustee status.

(your 485 app is not impacted anyway if you choose (a) or (b))

The above info is confirmed by my lawyer .

The original law was "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."

H1/L1 visa holders were supposed to show their ORIGINAL 485 receipts at re-entry IF they dont want their 485 app to be abandoned. this is assuming a H1 holder has applied 485.

Now that requirement is removed that ORIGINAL receipt notices are not needed when a person travels either with H1 or with AP. I am thinking, this means we should just carry copies of receipts.

yes. we were discussing this just yesterday. good luck to you.

I have never seen a informative thread like this in recent times.
marbash, thanks for your detailed first hand information. appreciate it.

Thanks everyone for the replies. Can you folks update your profiles in trackitt with your case data please, if you have not already done. Accurate data on this site will help us all.

my 140 case is approved today. check my profile for details.

finally....my 140 got approved today. eb3/nsc/non-concurrent/regular/india

that was 349 days of waiting...phew.

raokv, can you please update your case details in the tracker. it will be helpful for all.

oh I am sorry to hear that. what is your category eb2?

if you get 2 copies of AP, you submit one and get the other copy stamped by officer, when you re-enter USA in your next trip. then you keep re-using the stamped copy, for any number for subsequent travels.

i got fp notice witihin a week of getting ead from tsc.

gjoe,

could not help but laugh at this topic. this is not a freedom struggle...its a individual choice each one has made to pursue for gc. no one is forcing us to go for it. you are already free..like all others..to leave anytime and go to your country. LOL.

hi ey, congratulations on your 140 approval.

you should expect another notice. be patient you (or your lawyer) will get it.

nope, i am not waiting but my rd is 25th july at tsc. and I got all my receipts, eads and APs too. and got my fp done.

hope they start premium soon. i dont mind spending a grand more to ensure some timely response.

peter, can you please update your 140 case details on trackitt. it will be helpful for others
also, what is source of your info that premium processing is open now?

sanv, check the tracker. thats what trackitt is famous for.

i did get my ead too. see my profile. 140 status has no impact on ead processing.

Member Profile: gemini23 (63 posts)