2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)

[ashhegde]

I agree with EricS, rather than with ashhegde. At least my own lawyer said, quote, "The Travel Permit does NOT cancel the H-1B and your employer still assumes that you are under H-1B status." Same lawyer advised me one year ago not to show EAD to my employer (probably because doing so does invalidate H1, though I didn't clarify it). I myself plan a trip, and it looks like I won't get AP in time, thus I plan to get H1B stamp at the American Consulate. I have some doubts, but I hope for the best.

I could wrong, but thats my attorney's opinion. He insisted I get a H1B stamp and he contacted the consulate to schedule an emergency interview. This happened just 15 days before I was traveling. My attorney works for the employer and they know that I do have the EAD BUT still was bent on using the H1B.
If possible do check with the USCIS. Like EricS suggests, everyone has a diff view of this.

 

[need_green_card]

I could wrong, but thats my attorney's opinion. He insisted I get a H1B stamp and he contacted the consulate to schedule an emergency interview. This happened just 15 days before I was traveling. My attorney works for the employer and they know that I do have the EAD BUT still was bent on using the H1B.
If possible do check with the USCIS. Like EricS suggests, everyone has a diff view of this.

I have the same situation, my h1 is going to expire on march 15 2005 (6 years), I am planning to use AP and I also have a valid EAD, I will enter using my AP and if the officer questions about my H1, i will show my EAD and mention that I will be using EAD as my 485 is pending. I am also going to extend my h1 for 7th year.

 

[ashhegde]

I have the same situation, my h1 is going to expire on march 15 2005 (6 years), I am planning to use AP and I also have a valid EAD, I will enter using my AP and if the officer questions about my H1, i will show my EAD and mention that I will be using EAD as my 485 is pending. I am also going to extend my h1 for 7th year.

One of my friend had a expired H1 after 6 years, But had the AP and EAD. He traveled to India and came back with the AP. No questions asked about EAD etc. It seems they check the AP and they have all the information about the pending application. Best part was that his AP was expiring in another month, when he was coming in to US, still no issues.

 

[rbhan]

I believe using AP does not invalidate H-1 status. My attorney also suggests otherwise. Follow the link below to find more information

http://immigrationportal.com/showthread.php?t=183976

 

[jd_mass]

Sept. Visa bulletin: no EB-2 retrogression

Folks,

I just saw the Sept. visa bulletin on shusterman.com. The good news is that there was no retrogression of EB-2 category.

Will USCIS pick up some speed here, or do we have to wait till Oct to see many approvals...

Cheers,

 

[PAforGC]

I-485 Approved!!!

Dear All,

Good news to share with everybody! My I-485 has been approved. I received the emails this afternoon. It is a great relief. Wish good luck to everyone who is still waiting, especially to those stuck with security checks for a long time. This thing does not have to be so torturing.
Please see details in signature.

 

[gc_hopefull]

I-140 Approved

Hi Friends,

I am very happy to share my good news. My I-140 got approved yesterday.

I checked my emails yesterday night 10:30 PM PST and was very happy to see the approval email.

Now have to wait in 485 queue

 

[gc5-28]

Congrats

Congrats PAforGC and gc hopefull for your approvals. Nice to see some activity and good news for EB2/1 about being current for Sept.

Hi Friends,

I am very happy to share my good news. My I-140 got approved yesterday.

I checked my emails yesterday night 10:30 PM PST and was very happy to see the approval email.

Now have to wait in 485 queue

 

[PAforGC]

Thanks and Good Luck!

gc5-28,

Thanks and wish you good luck with your applications!

PAforGC

Congrats PAforGC and gc hopefull for your approvals. Nice to see some activity and good news for EB2/1 about being current for Sept.

 

[mygc2005]

To me, it looks like that USCIS got all the copies in your lawyers mail and matched it up with your file. 131 approval is a good sign. To make sure, call USCIS and ask what is the status of 485 now. You may need to talk to someone in VSC.
Just my opinion.

EricS and all members,

Today my lawyer received my I40 receipt in the mail.

Thanks for all you help.

Regards,

 

[EricS]

EricS and all members,

Today my lawyer received my I40 receipt in the mail.

Thanks for all you help.

Regards,

Good to hear that.
Not that it matters that much, but what RD and ND did USCIS assign to your 140?

 

[mygc2005]

Good to hear that.
Not that it matters that much, but what RD and ND did USCIS assign to your 140?

Erics,

Thanks for quick response.
I checked in the USCIS system and the date assigned to App is AUG 8 2005(ND) and i don't know the receipt date

Regards,

 

[ravikanth_b]

Congrats!

Congrats for all the approvals. Hope to hear more in coming days!!

 

[gcva]

Status

Once you use your AP, present H1 is not valid anymore. You will basically be on AP/EAD until the 485 result, of course it can be extended as long 485 is pending.
I was also planning to do the same but my attorney said NO and got me an appt in Chennai when I travelled and I got my H1 stamped. This way your stay here is not restricted to 485 alone.
If anything goes wrong (touch wood nothing will happen BUT) with 485 you can still stay or else if AP is used you suddenly become out of status.

Hi,
Thanks for your response to my question on Status. Currently my h1 is valid till next APril and has valid AP.As per my attorney suggestion, I have scheduled a Visa appointment in Delhi in October this year. Since you went through similar situation, please help me in answering these questions.
1) Will it be a problem, if we say 140 petition is already filed for one of the questions in Form DS156.?

2) Please share me your experience at the consulate.

3) Even if they dont issue Visa at the consulate for some reason, can we come back to US on Advanced Parole..?

THanks for your help.
Ram

 

[need_green_card]

Hi,
Thanks for your response to my question on Status. Currently my h1 is valid till next APril and has valid AP.As per my attorney suggestion, I have scheduled a Visa appointment in Delhi in October this year. Since you went through similar situation, please help me in answering these questions.
1) Will it be a problem, if we say 140 petition is already filed for one of the questions in Form DS156.?

2) Please share me your experience at the consulate.

3) Even if they dont issue Visa at the consulate for some reason, can we come back to US on Advanced Parole..?

THanks for your help.
Ram

I don't understand, why you have to do all this mess of visa, just use your AP while coming back, dont even show your VISA, I dont think your h1 gets cancelled once you use AP, it gets cancelled once you use your EAD not AP, I am in the same situation I will be using AP

 

[gcva]

need_green_card,
Thanks for your suggestin. Even I want to use AP, but as per my attorney my H1 status will be invalid if I enter back using AP. He also said, he will not be able to file H1 extension.Since, I work for a corporate company and our HR goes with this attorney, I am confused with different opinions on this issue. But If I stick with the current employer, I need to use that attorney's service.

Thanks

 

[ItWasInApril]

On Sept 13th I will test H1B/AP theories.

need_green_card,
Thanks for your suggestin. Even I want to use AP, but as per my attorney my H1 status will be invalid if I enter back using AP. He also said, he will not be able to file H1 extension.Since, I work for a corporate company and our HR goes with this attorney, I am confused with different opinions on this issue. But If I stick with the current employer, I need to use that attorney's service.

Thanks

Well, gcva, looks like I won't get my 2nd AP in time for my end-of-august trip. I also scheduled appointment for H1B visa stamp for Sept 6th in my home country. I plan to reenter with H1B visa, even though I already travelled on 1st AP before. If I won't show up here with my visa/consulate story on Sept 13th for you, it would mean your lawyer knows his stuff. Cheers, things have tendency to turn alright in the end.

 

[ziv711]

Cronin Memo

need_green_card,
Thanks for your suggestin. Even I want to use AP, but as per my attorney my H1 status will be invalid if I enter back using AP. He also said, he will not be able to file H1 extension.Since, I work for a corporate company and our HR goes with this attorney, I am confused with different opinions on this issue. But If I stick with the current employer, I need to use that attorney's service.

Thanks

Maybe this will provide some clarification:

http://www.shusterman.com/cronin51600.html

Starting in section 3, this pretty much says that if you enter via AP you are in parole status, but can still apply for extension of H which will bring you back to H status.

 

[ashhegde]

Hi,
Thanks for your response to my question on Status. Currently my h1 is valid till next APril and has valid AP.As per my attorney suggestion, I have scheduled a Visa appointment in Delhi in October this year. Since you went through similar situation, please help me in answering these questions.
1) Will it be a problem, if we say 140 petition is already filed for one of the questions in Form DS156.?

They wont even ask about the 140 and all that story. As of I know I think its better not to speak about Green Card. H1 is always considered temporary for 6 years, so it is much easier to keep it that way.

2) Please share me your experience at the consulate.

It went very smooth for me. They checked the documents, made me sit for 2 hrs, then stand for 1/2 hr, then the interviewer asked where I worked, was there any clients involved(I guess a lot of them he gets are consultants), asked for my past 2 years W2 forms and then he said go and pay the fees we will send the visa to you in a few days. I had the passport with stamp the next day.

3) Even if they dont issue Visa at the consulate for some reason, can we come back to US on Advanced Parole..?

I think so. But ask your attorney about the same.

THanks for your help.
Ram

 

[ashhegde]

Maybe this will provide some clarification:

http://www.shusterman.com/cronin51600.html

Starting in section 3, this pretty much says that if you enter via AP you are in parole status, but can still apply for extension of H which will bring you back to H status.

Thats good information, ziv.