485 abandoned?

H

hgc

Registered Users (C)
Me(working on H1, primary I485 applicant) and my wife(AP/EAD working) went to a trip in the bermuda islands. On our return, we needed to do immigration. But it was more like declration/customs(no computers, just few people sitting inside ship in auditorium). So that time I showed them my H1B and my wife's H4. The Immigration Officers didn't put any stamps/nor did they issued any new I94 on anyone's passport.

Questions:

1. I am not sure how much of this statment matters but my wife used H4 to enter country. I know even if she had used her AP, it wouldn't have made a difference becos as I wrote, the immigration process was more of customs/declaration event.
Does this have any impact later on in 485 processing?

2. At the time of applying for her AP renewal, I mentioned that we entered from port by sea but since there are no stamps or anything available, will it cause any INS to issue any RFE?

3. Can anyone share the same experience?

Thanks
waiting
 
Did you surrender your old I-94 on your way out?
If so, they must issue new I-94 on your return.
 
Originally posted by hgc
1. I am not sure how much of this statment matters but my wife used H4 to enter country....Does this have any impact later on in 485 processing
Click to expand...

My wife uses her H-4 to re-enter every time; never used (and now doesn't have) AP. No problem.

2. At the time of applying for her AP renewal, I mentioned that we entered from port by sea but since there are no stamps or anything available, will it cause any INS to issue any RFE?
Click to expand...

It's typical to not get issued I-94s or stamps when leaving to Canada or Mexico or Bermuda for short trips. I have re-entered multiple times on the same I-94, never had an issue. If you do get RFE'd, just send back the cruise itinerary and receipt, with a cover letter indicating no new I-94 was issued on re-entry.
 
H visa are dual intent visas,

As H visas are dual intent visas unlike B visas, where you swear you will not seek alternative employment when you enter the country, you will be A-OK. It is your choice as to whether you want to use your H visa or parole papers to enter the country. With INS having all their high tech computers, they ought to know your exact status at all times.

I THOUGHT THAT WAS WHY ALL OF US 2001 FILERS WAITED ALL THESE YEARS, WHILE INS WAS UPDATING ITS SYSTEM.
 
Re: H visa are dual intent visas,

Originally posted by ramanathansunda
As H visas are dual intent visas unlike B visas, where you swear you will not seek alternative employment when you enter the country
Click to expand...

That's not what dual intent means. The H-4 has the same (if not more stringent) prohibitions against employment that the B has.
 
similar case, help needed

My I-485 was filed on October 2, 2002 with I-140 under category of EB2-NIW in Texas Service Center. My I-140 was approved on April 30, 2003. But I-485 is still pending. I am working with H-1B status.
I went to San Diego on January 14 for a meeting and crossed Mexican boarder without H-1 visa. When I tried to come back to US, the officer at the port refused my entry. She said my H-1B had expired once I applied for I-485. Since I did not apply for AP, I can not come back to US unless Texas Service Center gave me a parole. Once they do that, I will be able to go back to US with this parole, but my I-485 would be abandoned. I believed someone contacted Texas Center and someone from TSC called her to verify my status. TSC told her they do not process parole case anymore. Finally my attorney called the officer and convinced her that my H-1B still valid. Then she let me passed the border but without stamp on my I-94 card.
I worried a lot about my I-485 case. Although I was back to US with H-1B, which allows me travel to Mexico or Canada in 30 days. I am afraid my I-485 been abandoned because of that stupid officer’s mistake. I check my I-485 case status online everyday; it is still the same as before (pending). But I heard that the case status online change slower than the actions from INS. I am not sure what should I do now. Should I write a letter to Texas Service Center to clarify my case? Even if it is not abandoned, is that possible my I-485 been delayed because of this messy situation? If my I-485 been abandoned, can I appeal for my case? Or Can I reapply I-485 based on my approved I-140? That will be worst situation, since I have been waiting for my I-485 for more than 14 months.
 
yzhang1972,

I think you are OK. I did the same thing as you but the officer let me in without problem. He probably did not I had a I-485 pending. But as long as you maintain your H-1B status, you should be OK. What did your lawyer say? My lawyer said it was perfectly fine.
 
situation is different

My questions are:

1. Let's say I am working on EAD and at POE, how the immigration officer knows that I have started working on EAD and my H1B is invalid?

2. Does USCIS maintains a record when you enter at POE *other than I-94* what documents were used to enter the country?

3. And if by mistake or by purpose, one uses H1 when s/he is suppose to use AP, matters or not?

Thanks
 
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