Approved and have some questions

Honeyarjun

Registered Users (C)
Me and my spouse received an email from USCIS today saying our case has been approved.. The online status says "This case has been approved. On April 3, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address".

There is no mention of card ordering and I would like to know what is the next step. We completed our FP3 in Nov so there wont be anymore biometrics I guess.. My Husband is traveling abroad this week , can he travel with his H1 still ? We still dont have our notice in hand (I think we will be receiving it in a week or so) so he wont be able to even try getting temporary stamping in his passport.

How long it will take to receive the approval notice ? When will they order a card and what is the time frame ? How can my husband travel abroad at this situation?? I would greatly appreciate if anyone can help me in this regard..

My case details (for inquiring minds)

EB2 India (TSC)
Priority date: June 2001
140/485/EAD RD:Sep 29, 2005
140/EAD approval:Nov 2005
FP3: Nov 2005
485 approval : Apr 3, 2006
 
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Honeyarjun said:
Me and my spouse received an email from USCIS today saying our case has been approved.. The online status says "This case has been approved. On April 3, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address".

There is no mention of card ordering and I would like to know what is the next step. We completed our FP3 in Nov so there wont be anymore biometrics I guess.. My Husband is traveling abroad this week , can he travel with his H1 still ? We still dont have our notice in hand (I think we will be receiving it in a week or so) so he wont be able to even try getting temporary stamping in his passport.

How long it will take to receive the approval notice ? When will they order a card and what is the time frame ? How can my husband travel abroad at this situation?? I would greatly appreciate if anyone can help me in this regard..

My case details (for inquiring minds)

EB2 India (TSC)
Priority date: June 2001
140/485/EAD RD:Sep 29, 2005
140/EAD approval:Nov 2005
FP3: Nov 2005
485 approval : Apr 3, 2006


I guess He can not travel abroad on H1 status once I-485 apporved. Once 485 approved he/she not longer have H status. Correct me if I am wrong gurus.
 
skapa said:
I guess He can not travel abroad on H1 status once I-485 apporved. Once 485 approved he/she not longer have H status. Correct me if I am wrong gurus.
I agree with skapa.
After approval H-1 becomes invalid, and so becomes H-1 visa stamp.
I see 2 ways:
1) you print out approval e-mail and try to get passport stamped using it. maybe show tickets.
2) pretend you are not aware about approval, but in this case I would think it is less risky to travel using AP, not H-1, and it looks like you have valid AP in hand.
I am not a lawyer, jus my opinion.
 
don't take that risk, u should see the card ordered by tomorrow

and will get it in mail by coming Monday, if so urgent take info pass get passport stamped as PR, best is to wait
Honeyarjun said:
Me and my spouse received an email from USCIS today saying our case has been approved.. The online status says "This case has been approved. On April 3, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address".

There is no mention of card ordering and I would like to know what is the next step. We completed our FP3 in Nov so there wont be anymore biometrics I guess.. My Husband is traveling abroad this week , can he travel with his H1 still ? We still dont have our notice in hand (I think we will be receiving it in a week or so) so he wont be able to even try getting temporary stamping in his passport.

How long it will take to receive the approval notice ? When will they order a card and what is the time frame ? How can my husband travel abroad at this situation?? I would greatly appreciate if anyone can help me in this regard..

My case details (for inquiring minds)

EB2 India (TSC)
Priority date: June 2001
140/485/EAD RD:Sep 29, 2005
140/EAD approval:Nov 2005
FP3: Nov 2005
485 approval : Apr 3, 2006
 
WorryForGC said:
and will get it in mail by coming Monday, if so urgent take info pass get passport stamped as PR, best is to wait


I have been told by frieds "info pass appointments" no more available to get passport stampping, I would suggest talk to your attorney first then take the approriate decission. I would suggest good to wait until cards received, unless he is very urgent.
 
I had similar question long back and i was told at immigration office that once you file I-485 you shd travel using AP. if your husband has AP then ur fine to travel even if it has been approved......otherwise it is sensible to avoid travel.....as once person travels aboroad using h1 without permit is not longer considered AOS status.....
 
Your spouse must NOT travel without GC(Plastic) or I-551 stamp

If he travels without any of the two proofs of LPR status -- Plastic Card or Temporary I-551 stamp -- that will have serious consequences.

Having an unexpired H1-B or AP is moot at this point.
 
Thanks to all for the advice. I understand the serious aftereffects of traveling at this situation but this is an official trip which cant be postponed more than a week. We spoke to our lawyer and she also advised not to travel without passport stamping or physical card. She also said once the 485 is approved our H1/EAD/AP all become invalid.

I got an infopass appointment for him for this Friday. He will go try get his passport stamped with the online status and travel tickets. If the immigration officer refuse the stamping, my husband will postpone his trip for a week or so till we get plastic cards in mail. I hope we will receive our plastic cards within next week ;) .
 
one this point when it says !!!!!! AP becomes invalid on I-485 approval
this is true only if you are in country!
if you are abroad then u can use AP to come back!!(even if ur GC gets approved while u are travelling)
thats the whole idea of having AP....
AM I right!!
 
color06

color06 said:
one this point when it says !!!!!! AP becomes invalid on I-485 approval
this is true only if you are in country!
if you are abroad then u can use AP to come back!!(even if ur GC gets approved while u are travelling)
thats the whole idea of having AP....
AM I right!!

You are absolutely right if at the time of approval you were outside the US AND you have a valid AP or H1-B that was both valid at the time you left the US and at the time you attempted re-entry. Usually, you will be admitted into the US by means of what is called as 'deferred inspection.'

However, if you were approved while you were in the US and you still tried to leave the US on a H1-B or AP, you are in for a big trouble.
 
Honeyarjun

TSC can be pretty quick some times. My I-485 was
- approved on Mar 27, 2006
- received the approval notice on March 30, 2006
- card mailed on March 30, 2006
- card received on April 1, 2006
It took 5 days to receive GC from the date of approval.

Best case scenario, you will receive your notices & cards within next few days. Good luck.
 
Cards being mailed quickly ..

Poong is absolutely right. One should under no circumstance travel without the physical GC in hand or a stamp in the passport. On the brighther side I personally know a lot of people who got their physical GCs in hand within about 10 business days of approval. They had all completed Code 3 Bios ofcourse.

Good luck.

saras
 
forgot one more alternative, u can mail the plastic in an air tight plastic fedex

for him to enter back too :)
this being the most valuable plastics we come across during our stay in US
better buy a flight ticket yourself with the plastic(cerdit card) if not the green and take the plastic to him...to where he goes. all he needs is the plaaastic... to enter back...not while leaving... :D
Honeyarjun said:
Thanks to all for the advice. I understand the serious aftereffects of traveling at this situation but this is an official trip which cant be postponed more than a week. We spoke to our lawyer and she also advised not to travel without passport stamping or physical card. She also said once the 485 is approved our H1/EAD/AP all become invalid.

I got an infopass appointment for him for this Friday. He will go try get his passport stamped with the online status and travel tickets. If the immigration officer refuse the stamping, my husband will postpone his trip for a week or so till we get plastic cards in mail. I hope we will receive our plastic cards within next week ;) .
 
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WorryForGC

WorryForGC said:
for him to enter back too :)
this being the most valuable plastics we come across during our stay in US
better buy a flight ticket yourself with the plastic(cerdit card) if not the green and take the plastic to him...to where he goes. all he needs is the plaaastic... to enter back...not while leaving... :D
This is based on the assumption that the Plastic Card will come to the person at the right address at the right time. People like I, had to run from pillar to post to make sure that I received my plastic card at my address. However, as this forum would remember, my card was sent to an address where I had NEVER EVER resided. Things like that need to be hashed out by the person who is the LPR. He cannot dream his card would reach his address while he is out in some other foreign country. While, it is not a common occurence, it is also not an uncommon occurence.
 
WorryForGC said:
for him to enter back too :)
this being the most valuable plastics we come across during our stay in US
better buy a flight ticket yourself with the plastic(cerdit card) if not the green and take the plastic to him...to where he goes. all he needs is the plaaastic... to enter back...not while leaving... :D
It is possible that there may be a problem at check-in on depature because the airline will expect to see either a greencard or an I-94 (which they will take). You should have an I-94 that you can surrender. However, if anything goes wrong with the plan then the USCIS will be able to tell when you left the country from the date that you surrendered the I-94.
 
Wonderful point, dms!!!

dms said:
It is possible that there may be a problem at check-in on depature because the airline will expect to see either a greencard or an I-94 (which they will take). You should have an I-94 that you can surrender. However, if anything goes wrong with the plan then the USCIS will be able to tell when you left the country from the date that you surrendered the I-94.

Thanks for catching that wonderful point, dms. You are absolutely right!
 
TXasian said:
TSC can be pretty quick some times. My I-485 was
- approved on Mar 27, 2006
- received the approval notice on March 30, 2006
- card mailed on March 30, 2006
- card received on April 1, 2006
It took 5 days to receive GC from the date of approval.

Best case scenario, you will receive your notices & cards within next few days. Good luck.
TXasian, when was your fingerprinting completed?
 
nice guesses, sure can be a proposed law for the congress

where in the US world the law says that unless u have the cards in hand u cannot step out. if it helps during one of the talks with the rep, I was suggested this that if someone could mail you the card u can go out.. :rolleyes: till date I have never surrendered my I-94 whie my visits out of the country :mad:
poongunranar said:
Thanks for catching that wonderful point, dms. You are absolutely right!
 
that surely needs to be looked into, but of one has got the approval notice

then not a problem as the adress mistake by the CIS is not a possibility, however best is to have it and go
poongunranar said:
This is based on the assumption that the Plastic Card will come to the person at the right address at the right time. People like I, had to run from pillar to post to make sure that I received my plastic card at my address. However, as this forum would remember, my card was sent to an address where I had NEVER EVER resided. Things like that need to be hashed out by the person who is the LPR. He cannot dream his card would reach his address while he is out in some other foreign country. While, it is not a common occurence, it is also not an uncommon occurence.
 
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WorryForGC said:
where in the US world the law says that unless u have the cards in hand u cannot step out. if it helps during one of the talks with the rep, I was suggested this that if someone could mail you the card u can go out.. :rolleyes: till date I have never surrendered my I-94 whie my visits out of the country :mad:
Law doesn't state that you MUST have your card at the time of leaving, because you could even technically leave before adjudication to be considered for abandonment. I think you are missing the context here. We were opining that, once approved, do not step out without your card or getting an I-551 stamp. That's all.
 
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