Any October 2010 filers yet?

Hi Guys, here is my wife's time-line:
10/07/10: I-130, I-485 and I-765 sent to USCIS
10/09/10: Applications delivered.

Now waiting.....I hope she is lucky and her applications are process promptly. Good Luck to you guys.
 
10/06/2010 - Sent I-130,I485,I765,I131 to Chicago Lockbox via USPS Express mail
10/07/2010 - Package Received by USCIS.
10/15/2010 - Checks got cashed. Waiting for the email.
 
Just got 3 NOAs. Two of them tell me that my next step is biometrics.

I'm a little concerned, the envelopes they came in where no sealed!! It doesn't even look like they tried to seal the envelopes. Should I be worried?!
 
Mine were really easy to open too... I still haven't gotten any FP appointment letters yet.. hope I hear from them soon, I hate waiting lol
 
10/06/2010 - Sent I-130,I485,I765,I131 to Chicago Lockbox via USPS Express mail
10/07/2010 - Package Received by USCIS.
10/15/2010 - Checks got cashed. Text messages & email received
 
hi guys, below are my timelines.
I also need an advise.
i have travel plans for the end of December 2010, when can I travel outside of states? once i get my I-131 approved or when my green card is approved as I'm out of status right now.
any help is appreciated

Thanks
 
Last edited by a moderator:
Hi everyone,

This is my timeline so far:

09/24/10 - Mailed I-130, I-131, I-485, I-765, I-864 to Chicago via Fedex
09/27/10 - Delivered to Chicago, IL
10/04/10 - Receipt Date by USCIS
10/12/10 - Received all NOA's and Notice for Biometrics appointment for 11/05/10
10/14/10 - Walk-in for Biometrics in NYC (both for I-130 and I-131) - Done

Just have a question relating to the AP travelling under the I-131. My H-1B just expired (9/30) so I'm currently out-of-status. I'm expecting to receive my EAD in the next few weeks, and hopefully my interview notice for a GC in early 2011.

I have important travel plans for xmas week this year, but I'm hearing that even with an EAD and the approval of a I-131, I shouldn't be travelling abroad while my app is pending. Is this accurate and is there any way around it? (Perhaps an appointment with the USCIS to explain my circumstance and my need to travel abroad)? Can anyone advise or have any experience with this?

Much appreciated. And good luck and all my prayers are with everyone. This is a stressful time for all of us and God knows we could all use some moral support from each other.
 
Melana85 said:
hi guys, below are my timelines.
I also need an advise.
i have travel plans for the end of December 2010, when can I travel outside of states? once i get my I-131 approved or when my green card is approved as I'm out of status right now.
any help is appreciated

Thanks
Click to expand...

Hi Melana,

I'm in a similar position as you needing to travel the holiday week of December. My understanding is that you CAN NOT travel if you are out of status currently. This begs the question of why a I-131 is needed at all, but it seems that the only purpose of the I-131 is to hold your application status as active when you travel abroad during the application process. (I.E. if you travelled in the midst of your application status, your application is deemed void. The I-131 will keep it active) You'll still need some type of valid visa (F1, H-1B, etc.) to get back in the country.

I was hoping that wasn't going to be the case and as soon as we received an EAD and/or confirmation of approval along with an interview date for the green card we'd be able to travel, but it seems like that is not the case.

Hopefully someone more knowledgeable can answer.
 
greenmonster said:
Hi everyone,

This is my timeline so far:

09/24/10 - Mailed I-130, I-131, I-485, I-765, I-864 to Chicago via Fedex
09/27/10 - Delivered to Chicago, IL
10/04/10 - Receipt Date by USCIS
10/12/10 - Received all NOA's and Notice for Biometrics appointment for 11/05/10
10/14/10 - Walk-in for Biometrics in NYC (both for I-130 and I-131) - Done

Just have a question relating to the AP travelling under the I-131. My H-1B just expired (9/30) so I'm currently out-of-status. I'm expecting to receive my EAD in the next few weeks, and hopefully my interview notice for a GC in early 2011.

I have important travel plans for xmas week this year, but I'm hearing that even with an EAD and the approval of a I-131, I shouldn't be travelling abroad while my app is pending. Is this accurate and is there any way around it? (Perhaps an appointment with the USCIS to explain my circumstance and my need to travel abroad)? Can anyone advise or have any experience with this?

Much appreciated. And good luck and all my prayers are with everyone. This is a stressful time for all of us and God knows we could all use some moral support from each other.
Click to expand...

Hi Greenmonster,

Where in NYC did you do your biometrics? What time did you walk in? Did they give you any issues for doing a walk i?
 
AussieMark said:
Hi Greenmonster,

Where in NYC did you do your biometrics? What time did you walk in? Did they give you any issues for doing a walk i?
Click to expand...

NYC's main USCIS office on Varick St. Walked in around 3pm (they close at 4). The security guard in the downstairs entrance mentioned that walk-ins are usually only accepted on Wednesdays (I guess it's their version of open hours), but that I could go up and see if they'd be kind enough to take me in.

Once upstairs, I asked nicely and after checking with her supervisor she went ahead and processed me. Just be really nice and catch them when they're slow (they were absolutely deserted at 3pm). If not you can try on Wednesday during their "walk-in hours".

But really, everyone I interacted with in their office was really friendly and helpful (surprise, right?).

Good luck AussieMark.
 
greenmonster said:
Hi Melana,

I'm in a similar position as you needing to travel the holiday week of December. My understanding is that you CAN NOT travel if you are out of status currently. This begs the question of why a I-131 is needed at all, but it seems that the only purpose of the I-131 is to hold your application status as active when you travel abroad during the application process. (I.E. if you travelled in the midst of your application status, your application is deemed void. The I-131 will keep it active) You'll still need some type of valid visa (F1, H-1B, etc.) to get back in the country.

I was hoping that wasn't going to be the case and as soon as we received an EAD and/or confirmation of approval along with an interview date for the green card we'd be able to travel, but it seems like that is not the case.

Hopefully someone more knowledgeable can answer.
Click to expand...

Hi, i actually thought so too and i just read on another forum that if you're out of status, u can travel ONLY after u receive ur Green Card, to avoid being banned...
Oh... thank god i didnt buy the tickets today...
 
greenmonster said:
Hi Melana,

I'm in a similar position as you needing to travel the holiday week of December. My understanding is that you CAN NOT travel if you are out of status currently. This begs the question of why a I-131 is needed at all, but it seems that the only purpose of the I-131 is to hold your application status as active when you travel abroad during the application process. (I.E. if you travelled in the midst of your application status, your application is deemed void. The I-131 will keep it active) You'll still need some type of valid visa (F1, H-1B, etc.) to get back in the country.

I was hoping that wasn't going to be the case and as soon as we received an EAD and/or confirmation of approval along with an interview date for the green card we'd be able to travel, but it seems like that is not the case.

Hopefully someone more knowledgeable can answer.
Click to expand...


here's an abstract i found from "Section 245(i) Provision of the LIFE Act"

A19. If you are living illegally in the United States, the mere filing of a visa petition or application for a labor certification has no effect on your current immigration status or unlawful presence in the United States. If you leave the United States, you will have no authorization to re-enter the country.
When you file your application for adjustment of status (Form I-485), there is a way to obtain permission in advance to travel abroad by requesting "Advance Parole" from INS. However, if you have accrued more than 180 days of unlawful presence, you should not travel abroad because you then will be barred from admission to the United States for either three years or 10 years, even if you were granted "Advance Parole." Generally, the three-year bar to admission applies to those who were unlawfully present in the United States for more than 180 days and leave the country, and the 10-year bar applies to those who were unlawfully present in the United States for one year or more and leave the country.
 
Melana85 said:
here's an abstract i found from "Section 245(i) Provision of the LIFE Act"

A19. If you are living illegally in the United States, the mere filing of a visa petition or application for a labor certification has no effect on your current immigration status or unlawful presence in the United States. If you leave the United States, you will have no authorization to re-enter the country.
When you file your application for adjustment of status (Form I-485), there is a way to obtain permission in advance to travel abroad by requesting "Advance Parole" from INS. However, if you have accrued more than 180 days of unlawful presence, you should not travel abroad because you then will be barred from admission to the United States for either three years or 10 years, even if you were granted "Advance Parole." Generally, the three-year bar to admission applies to those who were unlawfully present in the United States for more than 180 days and leave the country, and the 10-year bar applies to those who were unlawfully present in the United States for one year or more and leave the country.
Click to expand...

Read that too. In my situation, since my H1 just expired two weeks ago, I'm wondering if I'm eligible for travel to the extent that I haven't been out-of-status for over 180 days.

Either way, let's hope for smooth sailing and no silly RFE's.
 
Yay, I got my fingerprint appointment in the mail today! It's for November 1st, but I'll try a walk in on wednesday :D
 
KussyPoo said:
Yay, I got my fingerprint appointment in the mail today! It's for November 1st, but I'll try a walk in on wednesday :D
Click to expand...

Congrats KussyPoo, we share similar timelines :)

I agree that you might as well wait for Wednesday since they informed me it was "open hours". Just be nice and give them your best smile. A small FYI: I had only received my Biometrics appt letter for my I-485 (not the I-131) at the time I walked in. If you also have a I-131 (for which you haven't received a biometrics appt for), mention it to the person helping you and she'll take care of that too.

Good luck and my prayers are with you.
 
KussyPoo said:
Yay, I got my fingerprint appointment in the mail today! It's for November 1st, but I'll try a walk in on wednesday :D
Click to expand...

Congrats! You should, I tried it today and was successful so it wont hurt. Try going early afternoon when it is less crowded because they schedule appointments for applicants in the mornings and they tend to be overwhelmed with the crowd.

Good Luck!
 
Thanks for the infos, friends! :) I didn't apply for I-131, because i already overstayed my visa waiver for more than a year, so I can't leave the country without triggering the 10 year bar. But my fingerprint appointment is for both, I-485 and I-765, so I hope after I took it I will get my ED fast, I could really use the extra money from me working too haha!
I hope things will keep going so smoothly for all of us!
 
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