Concurrent Filers (140/485) CSC-TSC: Waiting for 140 Approval

[ahaly]

Guys,

I really hope that all you see approvals by the end of this week.

I have the following question.

If i travel to india and come back on AP will my H-1 become invalidated??

any info on this will be highly apppreciated

Thanks
VR

What I have been *told* is that travelling on Advance Parole invalidates your H1B.

I will be for sure interested in finding out if that is true.

 

[vitale]

What I have been *told* is that travelling on Advance Parole invalidates your H1B.

I will be for sure interested in finding out if that is true.

I do not think it's true. I have 2 white cards in my passport: 1 stamped because of H1 and they stamped another one because of AP. They told me that I can enter the country showing either one...

What I know is that AP/EAD and H4 have some issues - you can't work in US having H4. So when someone starts working using EAD he/she must use AP to enter US, not H4. Entering on H4 in this case might abandon immigration status.

 

[perm_faq]

master.xls updated. check very 1st message of this thread

 

[NIW-Nov 04]

So when someone starts working using EAD he/she must use AP to enter US, not H4. Entering on H4 in this case might abandon immigration status.

This is not correct. According to my Attorney one can either use AP or use H4. Attorney strongly advises using H4 NOT using AP. AP has to be only used when I-485 is approved. If your Attorney has suggested something different then please share.

Best,

 

[vitale]

This is not correct. According to my Attorney one can either use AP or use H4. Attorney strongly advises using H4 NOT using AP. AP has to be only used when I-485 is approved. If your Attorney has suggested something different then please share.

Best,

I cannot guarantee accuracy of info, I am not a lawyer. Though I would consult with your attorney prior to using H4 while entering the US and working using EAD.

 

[NIW-Nov 04]

I consulted Attorney thats why I said what you just mentioned was incorrect.

To further add to the story Attorney said ....if the immigration officer sees H4 stamp and you hand him over your AP then the officer MAY refuse to stamp I-94 card H4 and insist on using the AP to let you into the U.S.

Good luck !

 

[perm_faq]

EAD/AP, H1b, H4

Here, Iam summing up my earlier discussions on the same issue:

EAD,AP = Immigrant classification
H1B,H4,F1 etc = Non-immigrant classification

1. Theoritically, using EAD/AP while working on H1B (or- not working on H4), invalidates non-immigrant H-status and vice-versa. But seems like one of the CIS memo says that, using of A.P does NOT invalidate prior H1B status and you can continue working for the same/sponsoring employer or remain on H4 status. And CIS allows to file future H1B/H4 extensions, though you ("Parolee") entered the country on Advance Parole.

2. If EAD is used to work for another employer, then the only way to return to H1B status (or non-immigrant status) is to leave the country and re-enter with H1B/H4 visa in passport.

Best advice: Continue to remain on non-immigrant status as long as 485 (AOS) is pending adjudication. Better consult your attorney on these issues and for any travel documents needed.

 

[perm_faq]

You are Right. At the time of return, if H1B or H4 visa is not expired in the passport, it is best thing to show H1B or H4 visa stamp in the passport and the corresponsing I-797's and paperwork to the officer, rather than A.P. Otherwise, officer may choose to let you in using A.P.

I consulted Attorney thats why I said what you just mentioned was incorrect.

To further add to the story Attorney said ....if the immigration officer sees H4 stamp and you hand him over your AP then the officer MAY refuse to stamp I-94 card H4 and insist on using the AP to let you into the U.S.

Good luck !

 

[NIW-Nov 04]

Thanks perm faq,

I agree with your views on maintaining non-immigrant status while on AOS.

However, your point # 2 where you say "if EAD is used for another employer, then only way return is H1b status" is not clear. I think if one uses EAD and has an approved AP then that person should be able to enter US just by using AP. Doesnt matter if he does not have H1b status or H1b/H4 stamp.

 

[perm_faq]

Attorney strongly advises using H4 NOT using AP.

-- Exactly, it is advised to remain on H -classification, as long as 485 is pending, when you have the liberty of using either one.

AP has to be only used when I-485 is approved

-- Actually, A.P can be used as long as I-485 pending and until greencard (visa) is stamped in passport.

 

[perm_faq]

Thats Right. If the person intended to continue to work on EAD then he will have to use A.P not worrying about his H/F visa stamp. But, remember he will be treated as "immigrant" in the eyes of CIS.

In future, he may be subjected to H1-Cap numbers in order to file new H1B petition. If his immigrant petition is denied for whatever the reason in future, it becomes illegal stay depending on how many days/years he stayed as on immigrant. So, there are too many risks involved by taking this approach. Thats why the safest best would be, to continue on H/F status as long as 485 is pending. As H/F recognizes dual intent nature.

I was mentioning in #2 ("using EAD"), that if one wishes to go back to H1/H4 after a brief period of employment using EAD. Then the only way is to leave the country and re-enter on H-stamp. However, in the later case of "using AP", one can continue working for the same H-employer and allowed to file future H1B extensions with CIS. Hope you find the difference between "using EAD" and "using AP".

Thanks perm faq,

I agree with your views on maintaining non-immigrant status while on AOS.

However, your point # 2 where you say "if EAD is used for another employer, then only way return is H1b status" is not clear. I think if one uses EAD and has an approved AP then that person should be able to enter US just by using AP. Doesnt matter if he does not have H1b status or H1b/H4 stamp.

 

[NIW-Nov 04]

COOOOOL....

Actually, I was mentioning in #2, that if one wishes to go back to H1/H4 after a brief period of employment using EAD. Then the only way is to leave the country and re-enter on H-stamp.

As you mentioned, If the person intended to continue to work on EAD then he will have to use A.P not worrying about his H/F visa stamp. But, remember he will be treated as "immigrant" in the eyes of CIS.

In future, he may be subjected to H1-Cap numbers in order to file new H1B petition. If his immigrant petition is denied for whatever the reason in future, it becomes illegal stay depending on how many days/years he stayed as on immigrant. So, there are too many risks involved by taking this approach. Thats why the safest best would be, to continue on H/F status as long as 485 is pending. As H/F recognizes dual intent nature.

 

[perm_faq]

I just re-phrased it again, for more clarity. This specific topic is quite complex and hard to understand.

Well.. we have answers for all such things... but where is our 140? we don't know. Its been long time watching these forums...

COOOOOL....

 

[NIW-Nov 04]

Same here... I-140 are really giving us a hard time. I wonder when would TSC show up next processing date schedule. It was supposed to be out by 5/15/06 ....

 

[perm_faq]

To be honest with you!

Now... there is no charm of 140-processing time report at all. Specially, since Bi-Specialization came into effect. Every thing is going in havoc with lot of uncertainity of how & when they pick our cases. I really stopped looking at that reports.

Same here... I-140 are really giving us a hard time. I wonder when would TSC show up next processing date schedule. It was supposed to be out by 5/15/06 ....

 

[vitale]

To be honest with you!

Now... there is no charm of 140-processing time report at all. Specially, since Bi-Specialization came into effect. Every thing is going in havoc with lot of uncertainity of how & when they pick our cases. I really stopped looking at that reports.

True. Scanner output and forum posts about approved/pending cases give much more accurate state than anything else...

 

[NIW-Nov 04]

This is really sad. The reason why I wait for TSC process report is that atleast I can make an enquiry based on there report times. TSC is generally responds to enquiry if there is a genuine reason also acts upon it. Unfortunately for last 2 rounds of reports the processing date has not changed at all. I hope atleast they move a little bit this time. No movement on I-140 process times mean they have a lot on pending work to do. TSC used to be very fast and good (was process I-140 within a month's time before those 1500 cases were dumped on them). When my I-140 was transferred from VSC, it had a note at the bottom saying that they are transferring "in order to expedite processing the case". One month has passed without any news.... keeping fingers crossed..thats all I can do...other than breaking keyboard while typing messages in the forum...

 

[vitale]

Here's some summarized info of most recent runs (13-15 may).
Source: perm_faw report, khchan db, etc.
Period covered: 05,268-06,120.
27 distinct days.

Received: 36 (01.37%)
Approved: 1323 (50.21%)
XFered: 802 (30.44%)
RFE: 357 (13.55%)
Withdrawn:4 (00.15%)
Other: 113 (04.29%)
Total: 2635 (100%)

 

[perm_faq]

Thats right. You can refer the processing reports while making an inquiry. Other than that there is no use of the reports.

We don't know how & when they are going to process the CSC-TSC transferred cases, so far it is random and undeterministic.

We don't know how they are going to handle the residue of applications that are still sitting with CSC as it is not publishing any timeline for those 140s that it is responsible for.

We don't know, whether any of the applications got lost while they re-shuffled it?

There are too many uncertainities here. Thats why I started running scanner script with 5-days before and 5-days after my case date. So that I can better estimate the situation.

This is really sad. The reason why I wait for TSC process report is that atleast I can make an enquiry based on there report times. TSC is generally responds to enquiry if there is a genuine reason also acts upon it. Unfortunately for last 2 rounds of reports the processing date has not changed at all. I hope atleast they move a little bit this time. No movement on I-140 process times mean they have a lot on pending work to do. TSC used to be very fast and good (was process I-140 within a month's time before those 1500 cases were dumped on them). When my I-140 was transferred from VSC, it had a note at the bottom saying that they are transferring "in order to expedite processing the case". One month has passed without any news.... keeping fingers crossed..thats all I can do...other than breaking keyboard while typing messages in the forum...

 

[Waiting_LC_GC]

No problem Go ahead

Guys,

I really hope that all you see approvals by the end of this week.

I have the following question.

If i travel to india and come back on AP will my H-1 become invalidated??

any info on this will be highly apppreciated

Thanks
VR

I went to India on AP and cameback easily. Still i am H1b as well as my wife on H4. We also got EAD. However, still my HR is in process to file H1b extension for me.
I was having same feeling before my vacation. Not to forget but this forum and GP111 provide good info.
Basically, You have double legal status...

Have a fun with Mera Bharat Mahan.