Approved yesterday: June RD, but..

achak1

New Member
I found out in the morning that my case is approved (EB1, RD: JUNE, ND:JULY'02). Thats great news. But the only downside (if at all) was we were going to India today. I had to cancel the trip based on the opinion of lawyers. I consulted my company lawyer as well 2 leading immigration attorneys. Their opinion was either:
1)You can go now. At the port of entry you may be asked as to why you left the country after your approval date. You would say that you have not received the approval notice (indeed thats correct) in mail.
2) The second opinion I got was its very risky to travel outside USA after the approval date and without passport been stamped. There seems to be a clause that the AP (which I would have used) is not valid after I485 approval. This is OK if the AOS status was approved while I am outside US. The the approval date and my date of departure from US are clearly documented and this can be a technical issue with chances of greater scrutiny.

Hearing these 2 divergent views, I decided to cancel my trip today perhaps loosing couple of grants (non-refundable tickets for me and my family)
As a new user, I would like to get some opinion from the forum.








Additionally, I have another question. I have submitted my change of address a year back and I have the acknowledgement card with me. Is this enough. In case I don't receive my approval notice, but my lawyer does, can I use it for my passport stamping.
 
Congratulations on your approval!

It is a safe decision you have made to cancel your trip. Because if you leave the country after approval it has to be on your green card. Your AP/Visa is no longer applicable. So better to wait till your passport gets stamped and then leave the country.

As far as the "grant" to airlines go, it is wrong to think your ticket is non-refundable, specially in December, which is peak season and the travel agent can get a lot more money by selling it to someone else. Call the airline directly if your Travel agent doesn't agree to re-schedule your ticket.

Good luck!
 
congratulations

can you give us an idea about your rd/nd (dates).
I agree with 140takesver, you may not have to lose all your money.
try to wiggle something out from your agent or from the airline.
if not....dont lose heart...many people would like to be in your shoes :)
Enjoy and good luck.
 
Congratulations on your approval!!!!!!!


Your attorney also will get get the approval notice copy, so you can use that.

It's not that you lose all your money, if you cancel the ticket. I know that Lufthansa charges around 150 dollars if you change the travel plan.
 
Last time i also changed plans in last moment. They charged me around $150.

Congratulations. Please update Rupnet if have not updated.
 
Originally posted by achak1
I found out in the morning that my case is approved (EB1, RD: JUNE, ND:JULY'02). Thats great news. But the only downside (if at all) was we were going to India today. I had to cancel the trip based on the opinion of lawyers. I consulted my company lawyer as well 2 leading immigration attorneys. Their opinion was either:
1)You can go now. At the port of entry you may be asked as to why you left the country after your approval date. You would say that you have not received the approval notice (indeed thats correct) in mail.
2) The second opinion I got was its very risky to travel outside USA after the approval date and without passport been stamped. There seems to be a clause that the AP (which I would have used) is not valid after I485 approval. This is OK if the AOS status was approved while I am outside US. The the approval date and my date of departure from US are clearly documented and this can be a technical issue with chances of greater scrutiny.

Hearing these 2 divergent views, I decided to cancel my trip today perhaps loosing couple of grants (non-refundable tickets for me and my family)
As a new user, I would like to get some opinion from the forum.








Additionally, I have another question. I have submitted my change of address a year back and I have the acknowledgement card with me. Is this enough. In case I don't receive my approval notice, but my lawyer does, can I use it for my passport stamping.


Why do you want to cancel, instead of that postpone your trip you have to pay 100$ extra. otherwise you will loose lots of money!!
 
Congrats, goodluck. Your attorney gets the original copy and you get the courtesy copy of approval, you can go for stamping with the attorney's copy.
 
What's your sub EB1 category

achak1
Can you tell what is your sub EB1 category - meaning is it EA, OR or Multinational Executive?

Thanks
 
my details

EB1 (WORKING FOR A MULTINATIONAL COMPANY IN US)
I485 RD: JUNE 28, 2002
I485 ND: JULY02, 2002
AD: DECEMBER 8, 2003
 
There're even tickets that can't be changed even for snow storm! Depends on how cheap you are :o
 
WHat if you get approved while in India

My GC is not approved yet. I am planning to go to India. What if I485 is approved while I was out of the country> . Can re-enter with AP then?

-- BK
 
Top