Bad Situation.....Need Help.....Please Advice

E

Explorer19

Registered Users (C)
Hi All

Opening Statement:

My I-485 is pending (ND: 27 Feb 2004, I-140 Approved Jan 2004, EAD, AP Approved July 2004. For other details refer my signature). I need to travel on AP to India to get married and should be able to enter USA without any problems.

History of My Case:

Aug 1997: Enteretd USA on F1 Student Visa
May 1998: Applied for H1B (got receipt number but quota completed, had to wait until october 1998)
Aug 1998: Transferred to another school
Oct 1998: Got my fist H1 approved (but didn't join company, told them that i would finish my MS)
Feb 1999: Came back to company inbetween the semester
May 1999: First job (employment letter says starting date may 1999)
May 1999-May 2001: was continuously employed
July 2000: Applied for H1 Visa in Mexico
H1 Visa rejected because of some small typing mistake from Attorney's office. Actually the cover letter when applying for H1 contained that I finished M.S to which the consulate person got angry and said that we were giving false info to INS. I told her that the letter was a typing mistake from Attorney's office and that I had already told her in the beginning of the interview that I didn't complete M.S. She took Attorney's details and sais that he wud be banned from consulate. But she did not give me H1 visa. I never again tried for H1 visa in canada or mexico in the wake of Sept 11 attacks and changing of rules.
Dec 2000: H1 extension filed (first H1 validity 1 Oct 1998-20 Feb 2002)
Jan 2002: H1 extension approved (new H1 validity 20 Feb 2001-31Dec 2004)
June 2001: No Job
July 2001-Sept 2001: Job
Sept 2001-Feb 2002: No Job
Mar 2002-May 2002: Job
May 2002-Sept 2003: No Job (longest period without job)
Nov 2002: I-140 filed (labor substitution, priority date: 11 may 1998)
Nov 2003: I-140 RFE (copy of original labor)
Jan 2004: I-140 Approved (priority date on approval notice: 11 May 1998)
Oct 2003-Sept 2004: continuous Job
Feb 2004: I-485/EAD/AP filed
June 2004: EAD/AP RFE (clear copies of passport/DL)
July 2004: EAD/AP Approved until July 2005
Sept 2004: H1 7th year extension filed (ND: 16 sept 2004)
Oct 2004-present: No Job
Oct 2004: Received FP notice scheduled on 18 Nov 2004

My Problems:
I do not have H1 visa stamped in my passport. All these years I have only H1 status. I have to go to India to marry. I cannot bring my wife here to apply for I-485 so I can only apply for follow-to-join.

Questions:
Is it possible to apply H4 visa for spouse with just H1 status or do we requiore H1 visa stamp also?

How safe is it to travel using AP given that I am on bench now and was on bench for a considerable amount of time some time back?

How long does the follow-to-join process take?

Please tell me what do they ask at POE using AP (especially Newark Airport or JFK?)

What is the procedure at POE?

What are the complications involved in my case?

My attorney forgot to submit the I-20 (F1 student visa papers) when filing for I-485? Can I expect an RFE for this?

Also we did not submit W-2 and tax returns (submitted 3 pay stubs and EVL) when filing for I-485? what are the chances of RFE being generated?

Also what are the chances of my I-485 getting approved between Nov 18 and say april 2005 given that my priority date is May 1998 and FP date is 18 Nov?

How complicated is it when there is an RFE on I-485 at the time of reentry at POE? Will that effect anything?

Should I trust my attorney because he already screwed up once with a typing mistake but he is a reputed company attorney and has been successful in all my filings for my 2 H1s, I-140, EAD, AP and I-485?

Note: Either I should marry before 15 Dec 2004 or I should wait until Feb 2005, because marriages are not performed from 15 Dec 2004 to somewhere in Feb 2005



Concluding statement:

I am sorry if some questions are repeated. I am sorry for wasting ur time. Please advice me on how to proceed.

Thans in advance for all the people for their advices.

Please help it's urgent and the question of my career.

For other details, see my signature.
 
Last edited by a moderator:
Explorer19 said:
Hi All

Opening Statement:

My I-485 is pending (ND: 27 Feb 2004, I-140 Approved Jan 2004, EAD, AP Approved July 2004. For other details refer my signature). I need to travel on AP to India to get married and should be able to enter USA without any problems.

History of My Case:

Aug 1997: Enteretd USA on F1 Student Visa
May 1998: Applied for H1B (got receipt number but quota completed, had to wait until october 1998)
Aug 1998: Transferred to another school
Oct 1998: Got my fist H1 approved (but didn't join company, told them that i would finish my MS)
Feb 1999: Came back to company inbetween the semester
May 1999: First job (employment letter says starting date may 1999)
May 1999-May 2001: was continuously employed
July 2000: Applied for H1 Visa in Mexico
H1 Visa rejected because of some small typing mistake from Attorney's office. Actually the cover letter when applying for H1 contained that I finished M.S to which the consulate person got angry and said that we were giving false info to INS. I told her that the letter was a typing mistake from Attorney's office and that I had already told her in the beginning of the interview that I didn't complete M.S. She took Attorney's details and sais that he wud be banned from consulate. But she did not give me H1 visa. I never again tried for H1 visa in canada or mexico in the wake of Sept 11 attacks and changing of rules.
Dec 2000: H1 extension filed (first H1 validity 1 Oct 1998-20 Feb 2002)
Jan 2002: H1 extension approved (new H1 validity 20 Feb 2001-31Dec 2004)
June 2001: No Job
July 2001-Sept 2001: Job
Sept 2001-Feb 2002: No Job
Mar 2002-May 2002: Job
May 2002-Sept 2003: No Job (longest period without job)
Nov 2002: I-140 filed (labor substitution, priority date: 11 may 1998)
Nov 2003: I-140 RFE (copy of original labor)
Jan 2004: I-140 Approved (priority date on approval notice: 11 May 1998)
Oct 2003-Sept 2004: continuous Job
Feb 2004: I-485/EAD/AP filed
June 2004: EAD/AP RFE (clear copies of passport/DL)
July 2004: EAD/AP Approved until July 2005
Sept 2004: H1 7th year extension filed (ND: 16 sept 2004)
Oct 2004-present: No Job
Oct 2004: Received FP notice scheduled on 18 Nov 2004

My Problems:
I do not have H1 visa stamped in my passport. All these years I have only H1 status. I have to go to India to marry. I cannot bring my wife here to apply for I-485 so I can only apply for follow-to-join.

Questions:
Is it possible to apply H4 visa for spouse with just H1 status or do we requiore H1 visa stamp also?

How safe is it to travel using AP given that I am on bench now and was on bench for a considerable amount of time some time back?

How long does the follow-to-join process take?

Please tell me what do they ask at POE using AP (especially Newark Airport or JFK?)

What is the procedure at POE?

What are the complications involved in my case?



Concluding statement:

I am sorry if some questions are repeated. I am sorry for wasting ur time. Please advice me on how to proceed.

Thans in advance for all the people for their advices.

Please help it's urgent and the question of my career.

For other details, see my signature.
Click to expand...

This seems fairly complicated. It is hard to say don't travel to get married but I would recommend talking to your attorney and if you do not have one consult one before you adventure on your trip. Good luck.
 
I have my company attorney who is handling my case since my first H1. I want to get the advice of this forum before i meet him.
 
Explorer19 said:
Hi All

Opening Statement:

My I-485 is pending (ND: 27 Feb 2004, I-140 Approved Jan 2004, EAD, AP Approved July 2004. For other details refer my signature). I need to travel on AP to India to get married and should be able to enter USA without any problems.

History of My Case:

Aug 1997: Enteretd USA on F1 Student Visa
May 1998: Applied for H1B (got receipt number but quota completed, had to wait until october 1998)
Aug 1998: Transferred to another school
Oct 1998: Got my fist H1 approved (but didn't join company, told them that i would finish my MS)
Feb 1999: Came back to company inbetween the semester
May 1999: First job (employment letter says starting date may 1999)
May 1999-May 2001: was continuously employed
July 2000: Applied for H1 Visa in Mexico
H1 Visa rejected because of some small typing mistake from Attorney's office. Actually the cover letter when applying for H1 contained that I finished M.S to which the consulate person got angry and said that we were giving false info to INS. I told her that the letter was a typing mistake from Attorney's office and that I had already told her in the beginning of the interview that I didn't complete M.S. She took Attorney's details and sais that he wud be banned from consulate. But she did not give me H1 visa. I never again tried for H1 visa in canada or mexico in the wake of Sept 11 attacks and changing of rules.
Dec 2000: H1 extension filed (first H1 validity 1 Oct 1998-20 Feb 2002)
Jan 2002: H1 extension approved (new H1 validity 20 Feb 2001-31Dec 2004)
June 2001: No Job
July 2001-Sept 2001: Job
Sept 2001-Feb 2002: No Job
Mar 2002-May 2002: Job
May 2002-Sept 2003: No Job (longest period without job)
Nov 2002: I-140 filed (labor substitution, priority date: 11 may 1998)
Nov 2003: I-140 RFE (copy of original labor)
Jan 2004: I-140 Approved (priority date on approval notice: 11 May 1998)
Oct 2003-Sept 2004: continuous Job
Feb 2004: I-485/EAD/AP filed
June 2004: EAD/AP RFE (clear copies of passport/DL)
July 2004: EAD/AP Approved until July 2005
Sept 2004: H1 7th year extension filed (ND: 16 sept 2004)
Oct 2004-present: No Job
Oct 2004: Received FP notice scheduled on 18 Nov 2004

My Problems:
I do not have H1 visa stamped in my passport. All these years I have only H1 status. I have to go to India to marry. I cannot bring my wife here to apply for I-485 so I can only apply for follow-to-join.

Questions:
Is it possible to apply H4 visa for spouse with just H1 status or do we requiore H1 visa stamp also?
Legally you are only required to have H1 status inorder to sponser for H4 visa for your wife. However, the consulate may ask ou as to why you did not apply for H1 visa.

How safe is it to travel using AP given that I am on bench now and was on bench for a considerable amount of time some time back?
AP is very safe. At POE, they check to verify that your case is still pending with USCIS and that it is valid.

How long does the follow-to-join process take?
I am not sure about this.

Please tell me what do they ask at POE using AP (especially Newark Airport or JFK?)
Using AP is a safe entry method. I used AP twice this year and entered both at D.C.. No questions asked. They send you to a room where additional checks are perfomred on your case. They confirm againt USCIS databases to make sure that your case is still pending and valid.

What is the procedure at POE?
Same as above

What are the complications involved in my case?
Complication that I can see is that your wife may have a problem with H4 visa, if the consular officer decides that your H1 status alone is not sufficient. He may ask her for additional paperwork (i.e. Employment verification letter from your company, pay stubs, tax returns e.t.c.).

Concluding statement: PLEASE CONSULT A GOOD LAWYER BEFORE MAKING ANY DECISIONS. MOST OF US HERE HELP EACH OTHER BASED ON EXPERIENCES THAT WE GAINED OVER THE YEARS, AND NOT BASED ON EDUCATION/CERTIFICATIONS.

I am sorry if some questions are repeated. I am sorry for wasting ur time. Please advice me on how to proceed.

Thans in advance for all the people for their advices.

Please help it's urgent and the question of my career.

For other details, see my signature.
Click to expand...
 
Hi GiveMeMyGCNow

Looks like they need tax returns and W-2s for all years of H1 employment. so the applying for H4 is ruled out.
 
I would expect that getting a H4 approval may be difficult in this case. Check with a good lawyer before making any decisions. There may be answers to your questions that are not obvious to an untrained eye.
 
Buddy Explorer,

Your case history is quite complicated. Please consult a good lawyer before you proceed. If your company lawyer is making too many mistakes, you may be better off hiring a competent lawyer like Rajiv with your own money, and making sure that your case is set straight.

Good luck!
 
I will answer to the question I know.

Also regarding FTJ finish the marriage business as soon as you can. If you don't do it before I-485 approval, spouse is struck for min. 5 years.

Explorer19 said:
Hi All
Questions:
Is it possible to apply H4 visa for spouse with just H1 status or do we requiore H1 visa stamp also?
... H1 stamp is not required to get H4 but you never know. Each and every consulate follow their own procedure. Post this question in H1-B forum, you might get an answer.

How safe is it to travel using AP given that I am on bench now and was on bench for a considerable amount of time some time back?
... It's safe. They are not going to ask you for paystub or W2 at POE. Carry your I-485 receipt along with passport/AP.

How long does the follow-to-join process take?
... It takes 6 to 9 months after your I-485 approval. Check following links:

http://boards.immigrationportal.com/showthread.php?t=96693
http://uscis.gov/graphics/howdoi/Appproc.htm#Following


My attorney forgot to submit the I-20 (F1 student visa papers) when filing for I-485? Can I expect an RFE for this?
... I never submitted I-20. I-485 approved few weeks back.
Click to expand...
 
Hi rrgpalan

Thanks for ur advice But u have missed most of the info in my case

1. Go for an Early FP

My FP Date is tomorrow 18 Nov 2004. So there is no need for Early FP and I also have been told by people that in Newark, NJ they are not accepting early FPs. I got the FP notice date on 4 Oct 2004 sp I have been waiting since 45 days to give my FP. So tomorrow is my FP day.

2. Wait for INS so that they recive your FP

That everyone has to do

3. Apply for AP or EAD after a week

I already have approved EAD and AP. They were filed along with my I-485 in Feb 2004 and were approved in July 2004 after RFEs

4. Since your PD is 1998, this will trigger an approval.

Not sure about this.


So my dear rrgpalan, before u advice please read the details carefully and the answer.

Sorry but didn't mean to tort you
 
Explorer19 said:
Is it possible to apply H4 visa for spouse with just H1 status or do we requiore H1 visa stamp also?
Click to expand...

Normally H1 stamp is not required for getting H4 stamp for dependent. Just I-129, employment letter is good enough.

Explorer19 said:
How long does the follow-to-join process take?
Click to expand...

For India, it's normally 6 months to 1 year.

Explorer19 said:
Also what are the chances of my I-485 getting approved between Nov 18 and say april 2005 given that my priority date is May 1998 and FP date is 18 Nov?
Click to expand...

Nobody knows. But I would recommand you get married ASAP (before your GC approval) so that she can be eligible for either H4 or consular processing (FTJ). Otherwise, she have wait years to come USA.
 
Hi rrgpalan
I don't think it's a good idea to apply for EAD and AP again.
Suppose it does not trigger anything, then considering the uncertainity of USCIS processing, if it takes many days to approve, then I cannot even travel because my AP will be pending and having said that I lost my wallet.
 
rrgpalan said:
AP or EAD usally requires 485 review, i case of review There is 99% probablity that it will trigger an approval
Click to expand...

Where did you get that information? And that "99%" number?

I don't what you meant by "review". The I-485 is "adjucated" after reviewing all the required steps. EAD and AP applications are independent I-485. While approving AP/EAD, the officer checks if the underlying I-485 is valid + pending or not. But he/she does not review the whole I-485 file and therefore the question of I-485 approval does not come to picture at all.


Secondly, did you ever try youw own getting another EAD when previous is still valid? If the wallet is lost, you need to sumbit police report to backup your claim.
 
Last edited by a moderator:
Hi Guys

My 7th year H1B extension got approved today. It took 2 months for approval. I was expecting a RFE.
H1B 7th year extn:
RD: 14 Sept 2004
ND: 16 Sept 2004
Present H1B expiring 31 Dec 2004
Usually I always received 2 e-mails. But today just one

I don't know whether it's a coincidence or not
Today is my FP day too
Atleast one less worry now
 
Last edited by a moderator:
explorer,
some info I have about my friend, i am not sure it helps but anyway..

my friend is from Bangladesh and he had H-1 and I-485 pending and he went to his home country to marry..
he did marry and he tryed to get H-1 stamp for himself and H-4 for his wife in his home country, he was waiting for some checks for about 3 months...
then he decided to go back to US back to work using his AP (yes he had one in his pocket) but he worried because he was using H-1 to work, what would happen when entering with AP and not H-1 stamp
he entered US with AP, no problem (it was in 2003, may I think)
his boss was not happy he spent too much time on vacation (3 months instead of one as promised)....he found another job, used his AP, in few months
and i have last info from him, he is happy with new job (fall 2003) and his wife has arrived and joined him! I think not using H-4 because he quit his H-1 job, but I am sorry I have no idea how (sure under his I-485 pending)
and I cannot contact him since then, sorry
 
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