depression after retrogression

[programmer76]

Hi folks,

I'm from india EB3 category. I waited so many years eagerly to get GC. I didn't go to India for so long time but in september 2000 they did this s**T
and files went on backlog for more than 4 years. As stuck in retrogression with priority date after 2002 i don't see any sudden hopes.I came to india in mid of septermber and have been here since then. I'm planning to be back in the end of january via advance paroles. I've the following questions.


(1) by the time i come back i would have stayed for more than 4 months in India.I am planning to use my AP for reentry which is valid until aug 2006. Is there any problem at port of entry because of my long stay in India?

(2) I worked remotely for around 2 months in india as well. i don't have EAD. I was paid for two months while i was staying in India. i'm still with the employer who holds my H1 and filed my GC. So those paychecks were given to me based on my H1 status only. while coming to POE if the officer asks me whether i was working from India then i'm going to say that i was working on H1 for around 2 months. I have not applied for EAD yet.However i'm coming back on AP. does this situation contradict and create confusion at POE?

(3) My finger prints are going to expire in february 2006.I should get new FP notice soon. Do the LUD change when they send you the finger print notice? As i'm already in India and i don't have access to my recent mails i'm trying to track it online on my portfolio. right now its showing the same date which most of us have of 7/19/2005. does that mean that i was not sent any FP notice yet?

(4)if i travel back using AP but still maintain my H1 status and work with same employer then does my wife's H4 becomes void?

Please gurus let me know your feedback . i will really appreciate it.

 

[PrinceofJungle]

Sorry to hear about that, many of us are all in same situation. I do remember your last thread, hang it there there would be light in end of tunnel.



(1) by the time i come back i would have stayed for more than 4 months in India.I am planning to use my AP for reentry which is valid until aug 2006. Is there any problem at port of entry because of my long stay in India?


I believe as long as your AP is valid you can enter with no issue.


(2) I worked remotely for around 2 months in india as well. i don't have EAD. I was paid for two months while i was staying in India. i'm still with the employer who holds my H1 and filed my GC. So those paychecks were given to me based on my H1 status only. while coming to POE if the officer asks me whether i was working from India then i'm going to say that i was working on H1 for around 2 months. I have not applied for EAD yet.However i'm coming back on AP. does this situation contradict and create confusion at POE?


If you are physicaly present here in U.S, and working you need valid doc to work like H1/EAD. if you are outside U.S and your employer is paying you your services based on your doc H1/EAD its okay. its your and employer understanding and while ur employer is paying he is dedecting all taxes. so don't worry about it. assume this like your employer is asking you to work outside and he is paying your for this.



(3) My finger prints are going to expire in february 2006.I should get new FP notice soon. Do the LUD change when they send you the finger print notice? As i'm already in India and i don't have access to my recent mails i'm trying to track it online on my portfolio. right now its showing the same date which most of us have of 7/19/2005. does that mean that i was not sent any FP notice yet?


That is difficult to say, it always better to ask your any relative/friend to keep checking your mail.



(4)if i travel back using AP but still maintain my H1 status and work with same employer then does my wife's H4 becomes void?

its better to double check with ur attorney about it.
Is your wife with you in india? does she have AP ?

Good lUck