Anyone got their approval while out of country

C

cinci2002

Registered Users (C)
Guys, I just spoke to an IIO at NSC. Just to give you a little bit of backroung, my RD is 08/15/01 and RFE response received by NSC on 01/03/03. I got my second finger print notice on 03/25/03 even when my first fingerprints are still valid.

IIO says that I need to appear for second fingerprint because may be the officer who is reviewing the file felt that the first fingerprints are un-readable. Now I am scheduled for second fingerprinting on 04/17/03.

I am going to India on vacation on 04/23/03 and will be coming back on 05/15/03. I got a valid H1 but do not have a valid AP. If I get my approval before I leave, which seems unlikely in the wake of this second fingerprint notice, I am planning to get my passport stamped and return on i-551. But if I do no get the approval before I leave I am planning to re-enter on H1 status. Now my question(s):

1. What would happen if I get my approval while I am out of the country. My understanding is that there is a special status called 'deferred inspection' and that we need to show our approval notice at the port of entry, take that deferred inspection, come in and go to local INS office, get the passport stamped and report back to port-of-entry. Have anyone else have any knowledge about this.

2. What would happen if I get my approval while I am out of the country and I have knowledge of it but just act as if I am still waiting and re-enter on H1 and then show up at local INS for stamping.

3. Has any one of you experienced this situation or anyone you know had been thru this situation.

I also thought of postponing my vacation plan, but decided against that because how long would I postpone waiting for an approval. I have been expecting to receive the approval since last Sept/Oct. I am sure I will go mad if I keep waiting here postponing the vacation plan. I need some kind of break here, so I decided to go ahead with my vacation plan.

Greatly appreciate your feedback. Good luck everyone and God bless.
 
Cinci,

I personally know that my nephew entered this country on H1 after his I485 was approved. Just like your situation - he was in India when it happened and he did not know about the approval.

However, I should add that this was in July/ Aug 2001, and things could have changed. Hope someone with recent experience would contribute.
 
Thanks for a prompt response Frodo. Now I feel a little better. BTW can I assume based on your response that (s)he did not have any problems when he appeared for passport stamping for I-551. Thanks again.
 
cinci2002,

i would advice u to have a valid Advance Parole...b4 u leave for a vaccation.

one of my friend was in Canada when he got approved and he had a valid H1 but when he went for immigration at the Canada Customs he was asked to show his advance parole as their database showed that he got his Approval and therefore his H1 is no more valid.

The best thing is to talk to your lawyer b4 making any plans.

cheers,
 
Thanks sks for your suggestion. I am afraid I do not have enough time to get an AP before I leave.

Do you guys have any suggestions as to how to get an AP from local office in a short time. Please advise. Thanks.
 
Cinci,

He did not have any problem during stamping.

However, BCIS seems to have better integrated their operations, and it does not suprise me that the POE computers indicate approval info these days as mentioned by sks052001.

If you have time get your AP as a security.
 
Alright guys, this is what I did. Yesterday I have applied for my AP/EAD renewal. I was on phone almost all day yesterday talking to various BCIS offices and officers and my attorney just to get too confused. The essence of the conversations is that legally we can re-enter on 'deferred inspection' if the 485 gets approved while we are travelling out of the country on H1. But it involves a certain amount of risk in the sense if the officer at port of entry is not familiar with this procedure, he might cause some kind of trouble - but bottomline we can come back in legally. But now it is up to me to see if it is worth taking that risk and that is what I am struggling at this point to make a decision whether or not to go on vacation.

Thanks guys for your input, really appreciate that.
 
cinci!

My colleague here(a British national) was in his hometown in England when his 485 was approved. (He had a valid H1 visa, never had or used a EAD/AP).

He came back after 3 weeks(after approveal date)
Went for stamping 2 more weeks after that(some family reasons) and never had any issue with arrival or stamping.

Just imagine this. Forget all your research and forum postings. How are you supposed to know that your 485 is or will be approved while you are out of country? You have a valid H1 and you are entering with that. Keep it simple and stupid. Hey! that is the motto of USA!

All the best buddy. I hope you find your approval in the mail when you come back!
 
Cinci,

Did you see Jim Mills post today under I485 issues? Technically even an AP issued for a pending 485 is not valid for reentry after your 485 is approved. You'll need to be paroled for defered inspection, if your 485 is approved.

But seems folks are entering with H1 or AP anyways....
 
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