the hottest immigration tracker
|
 
| Got questions on U.S. immigration? |
 |
|
|
|
I-131 (Advance Parole) Discussion Forum
Embassy abroad and application for AP/EAD |
Like this thread? |  |  |
|
Hello Friends,
I want to solicit your thoughts and opinions on a question I have failed to get clear answers anywhere. I would highly appreciate your help in this regard.
I have sent in my I140 and I485 (along with EAD and AP) papers last month and am yet to get receipt notices for those. In the mean while, I may have to go to India in December to attend my sister's wedding. My current H1b status is valid until Feb 09 (and is further extendable as I am currently only in 3rd yr of my H1b). However, my visa stamp has expired. The 2 questions are:
1) If I go to India in Dec, assuming I have my original receipt notices by then, and then go to Chennai to get my visa stamped, will my application for AP and/or EAD void just because I went to an embassy abroad? Or has going to ambassy abroad got nothing to do with AP and I will get my AP when I return to the US.
2) Are there any risks involved in going to India before I get my EAD and AP? I intend to continue my H1b status and visa for the foreseeable future atleast until my I140 is approved.
I look forward to your inputs.
Best Regards
|
You can go to India.
Take your current (only in your case) I-797 notice of action with you.
Make an appointment early enough. I've heard there is a lot of people in India.
Make sure your passport does not expire in less than 6 months from the date of application at the consulate. You will need to complete the DS-156 and if male between 14-46, the DS-157 form. Both are available on line and a scannable barcode is imaged on the documents as you print them. You will need other items, including passport-type photos etc, and payment receipts for the local processing, along with original LCA petition documentation just in case, and a letter from your employer confirming employment.
There is no risk to doing this provided you follow the rules. H1B is dual intent. Ongoing processing at USCIS is not compromised by border crossings on H1B. If that were true, there would be several hundred thousand workers in the US unable to travel across the border(s) for 7, 8 9 years.
My 10th year extension just got approved. My labor cert was originally filed in 2001. I have crossed the border at least a dozen times since then, probably around 20.
CONDITIONAL NOTE:
a) If your AP is approved before you leave, and if you have the AP (I-512) WITH YOU IN HAND BEFORE YOUR LEAVE, you can use that when returning. Use of AP DOES NOT affect future H1B status. AP is for travel only. Use of EAD only affects H1B validity;
OR
b) If your AOS is approved before you leave, and you have been to the local USCIS office and had your passport updated with the temporary Resident Alien stamp, then you can consider AP and H1B a thing of the past.
If you have a spouse and / or dependent(s), you will need to consider those implications as well. If you are planning on getting married any time soon, then you need to consider implications for spouse visas, timing etc.
|
Petieweets,
Thank you so much for your kindness and detailed reply. I appreciate your answer and its very informative.
|
Hi,
We were told by our imm. lawyer NOT TO LEAVE THE COUNTRY no matter what. That is until we have our AP in our hands. It is dangerous to leave as your I-485 application will be considered "ABANDONED" by USCIS. Don't forget all the paperwork you sent with the 485 application, copies of passport pages, I-94's, dates of entry and at which port of entry. Think about it logically... You are shooting craps if you leave. There is still much time for you to get all your notices and approvals through. December is 3 months away still.
If you have approval notices, NOT receipt notices, for EAD & AP by the time you are due to leave, which should happen by then, there is no problem getting your H visa updated at the embassy. It has nothing to do with your 485 application. In fact many folks don't like to travel using AP as some customs & immigration officers mismanage AP's at port of entry. Once you have your actual GC your H visa is voided out.
Let your senators office know what is going on as well. With everything that has happened within EB visas and the immigration expliots, backlogs, front office receipting being handled out of date order, AP's & EAD's approved before 485 receipt notices being received. It is a mess.
get this confirmed with your immigration lawyer it is the safest thing to do! Always be careful and cautious. Like the rest of us that application is your future and is gold dust.
The very best of luck!
LRIndy.
|
|
|
