Coming to US on H4 Visa. Pls suggest.

You're making this way too complicated. Carrying a copy of the receipt notice or the original, whichever you have on hand is sufficient. Having signed a G-28 does not impact anything, as the attorney would normally give you a copy and retain the original through the completion of the case. Obviously just because you don't carry it with you does not mean you've abandoned your application, but since (as per CFR) they can request that you show proof of having filed your I-485, having a copy of the receipt notice is all you need.

I think this issue has been discussed sufficiently and this is simply confirmation of my initial statement that I would advise carrying a copy of the receipt notice to anyone traveling on a H or L visa while AOS is pending.
 
Originally posted by ImmigAttyLana
You're making this way too complicated. Carrying a copy of the receipt notice or the original, whichever you have on hand is sufficient. Having signed a G-28 does not impact anything, as the attorney would normally give you a copy and retain the original through the completion of the case. Obviously just because you don't carry it with you does not mean you've abandoned your application, but since (as per CFR) they can request that you show proof of having filed your I-485, having a copy of the receipt notice is all you need.

I think this issue has been discussed sufficiently and this is simply confirmation of my initial statement that I would advise carrying a copy of the receipt notice to anyone traveling on a H or L visa while AOS is pending.
Click to expand...

You seem to have lost your cool again. If we go by the rules then copy and original make difference. And if does not makes difference then I don't know what would! But let me tell you that is what I wanted to write and waited so that you could write it for me!

Having signed G-28, attorney gets the power to represent me and gets all my notices. So obviously possession can have different meaning here - here it may mean that it is in my possession but since lawyer is representing me - he is for practical purpose allowed to keep the original.

Now in my possession may mean something else too - I have control over its existence. I may have kept it in my bank safe box.

Now since you have agreed that not carrying does not means you have abandoned your application, I also see no point in carrying on with the discussion. This was another good discussion - and thanks for the same.

P.S. I am a layman and the section that you have showed me, will help me get my 485 case number - thanks again. :D
 
You have completely missed the point of my suggestion to carry the document, which is unfortunate. Of course not carrying the document is not abandonment, not having the document and traveling without having first received it IS. Therefore, if the immigration officer asks a person to show the receipt notice to prove that he/she did not leave the US prior to having received it, then not being able to produce it because the person does not have it with him/her can cause delays and can cause the immigration officer to make a notation in the computer as if it has been abandoned. Whether or not you have the original is largely irrelevant from practice. You are quoting something from the regulations and this is fine (since I was the one that pointed you to the appropriate section to begin with), but the PRACTICE is much more important than the words of the CFR. Having a copy of the receipt notice, if you cannot have the original because the lawyer retains it or you choose to keep it safely at home, IS SUFFICIENT.
 
Originally posted by ImmigAttyLana
You have completely missed the point of my suggestion to carry the document, which is unfortunate. Of course not carrying the document is not abandonment, not having the document and traveling without having first received it IS. Therefore, if the immigration officer asks a person to show the receipt notice to prove that he/she did not leave the US prior to having received it, then not being able to produce it because the person does not have it with him/her can cause delays and can cause the immigration officer to make a notation in the computer as if it has been abandoned. Whether or not you have the original is largely irrelevant from practice. You are quoting something from the regulations and this is fine (since I was the one that pointed you to the appropriate section to begin with), but the PRACTICE is much more important than the words of the CFR. Having a copy of the receipt notice, if you cannot have the original because the lawyer retains it or you choose to keep it safely at home, IS SUFFICIENT.
Click to expand...

I guess you missed my point by miles, I never missed yours.

I had question on possession and you brushed it aside. Not that you are the first one to showed me section, but that you refered it at a point in time when it could help me - thanks was meant for that only - no more no less and I belv I did not spare enough words to make it clearer.

Of course not carrying the document is not abandonment, not having the document and traveling without having first received it IS.

That is your interpretation. The section you quoted never says so. It says when it is not abandoned, not when abandoned. And you agreed to that point in your previous post. Or did I miss your point again?

I would appreciate if you could address the points rather then repeat your posts again - in that case - have a great day from my side, I am off.
 
Last edited by a moderator:
The point is precisely that part of understanding the regulations is understanding how they have been interpreted in practice and my comments relate to that.
 
Just one last one - I am yet to see one case where it is abandoned, if you talk about your interpretation and your 'practical' side. I will accept your point if the person lost AOS.
 
fortunately, i have not had any clients of mine "abandon" their aos due to travel; however, i do know of some people who have had to travel urgently and were not willing to wait for the receipt notice and therefore had to commence the filing of the aos application from the beginning when they returned to the us from abroad.
 
Originally posted by Jharkhandi
Just one last one - I am yet to see one case where it is abandoned, if you talk about your interpretation and your 'practical' side. I will accept your point if the person lost AOS.
Click to expand...

If you are talking abandonment I remember it seeing it on CSC I-485 forum. But of course he was not H1 but misunderstood AP expiry date with date they put at POE.
 
Accepted what you said tammy2. That has happened and people have suffered. But no one has suffered being on H1 and coming back on H1 and ... I mean in this context. Here situation is different.

*************************************************

It is all story telling - I have seen black tiger with fire-wings jumping over Himalaya - nothing more than that. It is misinterpretation and misquote of section that you abandon your AOS! All it says is when it is not abandoned. One has to look into history of this section and related reforms and how H/L are exempted of AP etc then one can realize that it is a request to carry original 485 reciept and not an order(else it would have said explicitly what ImmigAttyLana is trying to push).

Nowhere can one find what she is interpreting except in her own posts. And also basic question of possession is being brushed aside - cause it will bring the fact out.

How much can experts misguide you!

Seems you are too hurt by our previous discussion and accepting the truth has become a pain for you:

http://www.immigrationportal.com/showthread.php?threadid=120598
 
Last edited by a moderator:
Hi:
The only thing that you need to carry with you when you come back to US with a H-4 is the copy of your petition for H-4 which includes the marriage certificate. My wife came back few weeks ago on H-4. She has EAD and AP based on her I-485. Her I-485 is based on my approved I-140 (EB2, NIW). At the immigration post (detroit international) she was asked to show a copy of the marriage certificate. that is all. the officer did not look or ask anything else. So I believe it is safe to have all the documents that are pertinent to your case. But definitely carry a copy of your marriage certificate.
Hope this will help
PWDG
 
ImmigAttyLana

Hi Attny Lana,

My friend is in a similar situation as the main topic in this thread.He checked with his attorney and I also checked with mine.Both of them are of the opinion that You DO NOT NEED any copy etc of 485.
Sorry!! here both the attorneys and myself seem to agree with Jharkhandi and not you!!
 
That is perfectly fine. I am not looking for agreement; I was expressing my professional opinion based on practice and experience at the various ports of entry. In my opinion, as I stated before, it is better to be overprepared than underprepared, and that is it.
 
You must log in or register to reply here.
Top