485 Pending,Biometrics and Travelling

[sunny_k100]

I have 485 pending and I have AP approved valid till jan'2006 and also I have valid H1 visa stamp till sep'2006. I'm going to India for a short 1 month trip. My doubts are:
1)While returing to US should we use AP or my H1 at POE.
2)My wife and myself received ASC appointment notice for biometrics Code 2 for 8/20/05. My wife is already in India for family emergency and she can't make it and also i'm leaving on same date and so I also can't make that appointment. Can I give my biometrics by requesting for early appointment explaining my situation and rescheduling for my wife's or
Should I reschedule the biometrics appt for both of us.

Please provide me some feedback on this.
Thnx

 

[frodo]

I have 485 pending and I have AP approved valid till jan'2006 and also I have valid H1 visa stamp till sep'2006. I'm going to India for a short 1 month trip. My doubts are:
1)While returing to US should we use AP or my H1 at POE.
2)My wife and myself received ASC appointment notice for biometrics Code 2 for 8/20/05. My wife is already in India for family emergency and she can't make it and also i'm leaving on same date and so I also can't make that appointment. Can I give my biometrics by requesting for early appointment explaining my situation and rescheduling for my wife's or
Should I reschedule the biometrics appt for both of us.

Please provide me some feedback on this.
Thnx

It doesn't really matter whether you use your AP or H1. Since you already have a valid H1 stamped, use that - it saves a few minutes at the POE. Take a copy of your approval notice, and a current employement letter if you are using your H1.

If you can't make it to the scheduled biometrics appointment, you can always do it after that date, within 2 months of the original appointment date. You notice will provide the details. And you don't have to reschedule (unless if you can't make it back within the 2 months grace period).

 

[max2k1]

I have 485 pending and I have AP approved valid till jan'2006 and also I have valid H1 visa stamp till sep'2006. I'm going to India for a short 1 month trip. My doubts are:
1)While returing to US should we use AP or my H1 at POE.
2)My wife and myself received ASC appointment notice for biometrics Code 2 for 8/20/05. My wife is already in India for family emergency and she can't make it and also i'm leaving on same date and so I also can't make that appointment. Can I give my biometrics by requesting for early appointment explaining my situation and rescheduling for my wife's or
Should I reschedule the biometrics appt for both of us.

Please provide me some feedback on this.
Thnx

It does not matter if you use H1 or AP.
However I would suggest that you use AP - here is the reasoning ...
with H1, you need to drag a boat load of documents to substantiate your H1 status (like empl letter, paystub, H1 papers, copy of LCA etc etc etc)
With AP, all you need to re-enter is the AP and your passport -- its much more simple and especially useful if you want to leave in a hurry (no need to worry about collecting H1 docs).

Its your call -- there is no impact (+ve or -ve) on your 485 if you use H1/AP.

BTW, most ASC allow you to just walk-in early and get your biometrics done. I would suggest you go one of these days and get it done. Your spouse can do it upon return.

 

[bobby_rad_1]

Does it effect H1-Status if you use AP?

 

[usrfdluj]

up to you

I have 485 pending and I have AP approved valid till jan'2006 and also I have valid H1 visa stamp till sep'2006. I'm going to India for a short 1 month trip. My doubts are:
1)While returing to US should we use AP or my H1 at POE.
2)My wife and myself received ASC appointment notice for biometrics Code 2 for 8/20/05. My wife is already in India for family emergency and she can't make it and also i'm leaving on same date and so I also can't make that appointment. Can I give my biometrics by requesting for early appointment explaining my situation and rescheduling for my wife's or
Should I reschedule the biometrics appt for both of us.

Please provide me some feedback on this.
Thnx

For Question 1: you can use either one. If you use H1, no need to even present the inspector your AP document. Using AP will not void your H1 status, and you can continue to be on H1 and even renew it before it expires. However, I would use my H1B visa stamp just to simplify the issue and avoid confusion: your I-94 will show "H1B DOS (till the end of your H1B status)", rather than "AOS" paroled status DOS good for a year (in fact, it is confusing since as long as you have valid H1B status, you can disregard the 1-year DOS).

For question 2: Probably best if you can reschedule it since your wife is in Indian already... Otherwise you two can show up early and get the biometrics done.

Another consideration in a rare case, if you and your wife had biometrics early, and your I-485 gets approved right before you leave for India (USCIS usually not so efficient though , then you will need to get passport stamped first, this may bring much inconvenience to your trip.

 

[max2k1]

Does it effect H1-Status if you use AP?

Of course not -- using AP and H1 status are independent of each other.
You can re-enter using AP and continue to remain on H status like before.

 

[sunny_k100]

Thanks for all your feedback. I was able to give an early biometrics by going walk-in. And for my wife's biometrics, the officer at the ASC centre said not to reschedule as this will take lot of time. And told to come(walk-in) after arriving from India. He said that we will have 90 days to give the biometrics from the appointment date for the case to be abondoned. This is just verbal thing.
Is this true?.
Should I request for reschedule or not?
My wife will be coming like 1 month after the appointment date.

Thanks very much to you all for the feedback.

 

[thukralrk]

Better reschedule your wife's appointment and when she returns then walk in early. Believe my you'll be better off doing it this way.

Secondly, use AP at POE since your H1b is no longer valid for immigration purposes. I was in the same situation at one point of time and my attorney strongly suggested me not to use H1b at all. Her logic was once you are in AOS status then logially all other statuses are invalidated. I guess she has a point AOS supersedes all other statuses.

Thanks

 

[usrfdluj]

Surely H1B still valid

use AP at POE since your H1b is no longer valid for immigration purposes. I was in the same situation at one point of time and my attorney strongly suggested me not to use H1b at all. Her logic was once you are in AOS status then logially all other statuses are invalidated. I guess she has a point AOS supersedes all other statuses.

Thanks

I respectfully disgree. Being in AOS status (means I-485 pending) does not void all other statuses (H1 or L1). In fact, it is highly recommended to keep H1B status valid (3-year renewal, then 1-year renewal...) during the AOS status, so that in case the I-485 was denied, you'll have a non-immigration visa status to full back on. That's why many people still work on H1B rather than EAD.

In fact, even after you used AP and back to the US, your H1B is STILL valid, and you can continue to renew it. There is an INS memo clearly stating that.

 

[astreix]

I respectfully disgree. Being in AOS status (means I-485 pending) does not void all other statuses (H1 or L1). In fact, it is highly recommended to keep H1B status valid (3-year renewal, then 1-year renewal...) during the AOS status, so that in case the I-485 was denied, you'll have a non-immigration visa status to full back on. That's why many people still work on H1B rather than EAD.

In fact, even after you used AP and back to the US, your H1B is STILL valid, and you can continue to renew it. There is an INS memo clearly stating that.

Do you have that memo? or link to that memo?I would like to see it.as many people have told me thatif you use AP there is change of status.

 

[max2k1]

Do you have that memo? or link to that memo?I would like to see it.as many people have told me thatif you use AP there is change of status.

Nope -- using AP does NOT change your H1 status. You remain in H status as before.

Pls read the Cronin Memo