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mentos's Immigration Cases

Thanks for your reply. Here's the thing though - if the medicals have been submitted to USCIS then they do NOT have to be redone every year. There is a USCIS memo that states that the submitted medical reports are valid until the 485 is adjudicated (there are threads elsewhere as well on this). Therefore my understanding is that all tests do not have to be redone for the RFE. I guess its all up to how the officer interprets the submission of the new i693. The RFE letter though has asked for TB tests only.

Yes, we did the skin test (it is mandatory per new rules). Since negative, didn't have to do x-ray.

Would be interesting to hear other peoples experiences on this.

My wife and I submitted our 485s including our medicals (i693) in July 2007.
During that time my wife was pregnant so the TB test was not done and therefore not included with the medicals.

Last month (March 2009) she received an RFE that the TB results were not provided and needed to be done and results annotated in the new i693 form. The RFE letter did not contain the original submitted i693.

The doctor initially told us that the medicals needed to be redone entirely since it's more than a year since the last medical and also since the medical requirements have changed and there are a lot more vaccinations now.

However, our HR told us that the entire test need not be done since her i693 was already submitted and those results are valid. We discussed with the doctor, and since the RFE letter asked for only skin TB test, we got it done (negative) and the doctor filled in those results in the new form. Per instructions from our doctor and company HR, we also included a letter asking USCIS to use these TB results in conjunction with the original i693 that was submitted. USCIS has received the RFE and it is now pending.

Anyone with similar experience? Is this sufficient or has anyone seen another RFE issued for such a case asking that ALL the medicals redone (including new vaccinations) per the new i693? Just curious.

hi gc717, just a couple of questions

1. shouldnt your indian passport have your indian address as permanent address on it?
2. (unrelated question) when filling up your passport application form online, did you get an invalid security certificate error in your browser? I can still continue and fill out the form, but thought i'd verify this with someone else.

thanks

Circuit, You are right, if you h1 extension is only for a year and is based on your GC process (meaning original 6 years completed) then you might as well come back on AP.

If your extension was for a longer period then the h1 would have made sense. no yearly ap renewal hassles etc.

in the end, i would suggest you get all these clarified by your company immigration attorneys and see what they think best

nimmagada,

your wife is now in Adjustment of Status (AOS). Her EAD is only to allow her to work. In case she is traveling out of country you need an Advance Parole for reentry to the US.

AP validity is one year only. Unlike the case where EAD was changed to 2 years, there was no change to AP.

rcalraf,

I assume that the visa's in both the h1 and h4 passports are stamped until Jul 2009

If they are traveling and returning on Jan 2009 then H1 holder can reenter on H1. I am not sure what the dependent would enter on. I would assume it would be AP (since she is using EAD). But on the other hand i guess she should be able to reenter on her still valid H4 and then continue to work on EAD.

For this one i would recommend talking to an experienced immigration attorney or ask other folks with similar experience in this forum. All the best

No, there will be no problem in stamping your visa. The H1 allows dual intent - so even though it is for a non-immigrant, the person is allowed to show immigrant intent and pursue an immigrant visa (green card) as well. So no issues.

If it gets rejected you can enter on AP. This is of course assuming the reason for rejection does not affect your 485 as well (causes like arrests, criminal act, fraud etc may affect 485)

However, if you are planning to come back to US and switch to a new employer and use EAD, then yes H1 stamping is of no use.

Not sure if you know this, but you can switch and transfer your H1 (rather than use EAD). This will not affect your GC process. But this depends on the employer as not many US employers are willing to sponsor H1 and get involved in immigration issues. Just FYI.

siri007,

you will have to weigh the advantages and disadvantages yourself.
Lets assume you plan to continue with the same employer with whom you have your h1

If you maintain your h1 status, then the only disadvantage is the hassle of h1/h4 stamping at the consulate
The advantages are
1. You do not need to renew AP
2. You do not need to renew EAD
3. In the low likelihood that you have problems with your 485, then you have a backup. If by chance spouse if using EAD, then she can revert back to H4 since you maintain H1.

(1) and (2) can be a great expense, and (1) is a great hassle coordinating your travel with applying for AP, renewal etc

If you come in on your AP, contrary to what rckalraf says, you can continue to work on H1 (but will be considered a parolee). Or you could switch to an EAD if you wish.

However, EADs and AP need to be renewed regularly for working folks, in case of travel you need to renew APs for dependents as well possibly.

All online literature (murthy.com, forums etc) suggest maintaining non-immigrant (H1) status. The only downside is the small cost and the time and effort for visa stamping. You need to weigh these options yourself. If you have a decent length vacation in India and some time, i would recommend stamping (that is what I am planning based on my company attorney recommendation).

At the end, its entirely your decision.

rckalraf is right.

just return both the i-94s that you have when you leave the country. When you return to US and use your H1&H4 visas (after getting the stamping done at a consulate) to reenter, the immigration officer will give you a new set of i-94s.

if you reenter on your h1 and are working with the same employer on your h1, then you do not need to use your EAD

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why we need to maintain H1B which is expensive.
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As pcnayak says in point 1, maintain h1b if company is paying for it

its up to you. to renter on H1B you obviously need to go to the consulate to get the stamping (assuming your h1 visa has expired)

SO (hassle of consulate visa interview/stamping) VERSUS (hassle of yearly AP renewal and secondary inspection upon reentry)

take your pick :-)
Most people seem to go for the latter, personally i prefer the former

If your wife reenters using advance parole, then she enters the country as a "Parolee" and she is technically under Adjustment of Status. The law is not very clear here, but even though she can continue to work subject to her H1, she is no longer in H (non-immigrant) status. Therefore, your h4s may not be valid anymore. I would therefore assume you both (h4 holders) would require Advance Parole as well, since technically the primary will no longer be in H1 status and therefore you guys no longer on h4.

Talk to an immigration attorney, but you may need to apply for advance parole as well - since if wife uses AP, all three of you become AOS candidates.

Safest bet, get your wife and daughter to have their h1 and h4 stamped in India.

Just my educated opinion, talk to a qualified attorney.

1) Do I require to renew my and my wife's EAD ASAP ?

No, not if you plan to continue to stay on your H1

2) Can I apply for EAD after it is expired. If yes, how long ?

Yes you can, as long as you are not working subject to your EAD. There is no limit to when you can apply for EAD when your old one expires. As long as your 485 is still pending, you can apply for new EAD anytime

3) Is the process same for "EAD approval before Expiration" and " "EAD approval after Expiration"

Yes

4) What is the typical processing time for EAD renewal in Nebraska SC?

Goto USCIS website and search for processing times by Nebraska SC

5) Is it safe to apply the EAD renewals in Jan 2009, in case my i-485 still pending at that time ?

Yes

6) When should I apply for my H1 renewal?

Before the i-94 on your previous h1-approval expires

She can enter on AP without you.

The only point to remember (and this is very important) is that the applicant should be in the US when the AP that you are planning to reenter on is approved. You cannot apply for an AP, then be out of the country when it is approved, mail it to you outside country and use it to reenter.

If you verified on 2nd september that they have the correct address, why do you think in 17th that it will go to the wrong address? Relax and dont be paranoid.

Talk to your company's immigration attorney.

yes you can. just remember though, that if you both e-file then you guys will need to personally appear for fingerprinting at your local USCIS center

If you are using your H1B and do not anticipate usage of your EAD, then you do not need to renew it. You can let it expire and then apply for a new EAD whenever you feel you need it.

Member Profile: mentos (62 posts)