Doubt...

B

Bosco

Registered Users (C)
Hi Folks,

I applied for I-485 in August. My lawyer told me I may have a problem for my I-485 approval because of the following reason:

In June 1998, my visa was expiring and that\'s why my company filed an extension for another 3 years. Before I got my extension, I went to my home country for a very short period ( about 4 days ) and came back to US. Then I got my new visa for the extension filed. My lawyer told me that once I submit for extension of my visa, I am in adjustment of status ( or something like that I don\'t quite remember exact words now). So, I shouldn\'t have leave the US during that time. He says INS may have problem with this. Is this true? Is there anybody out there having this kind of problem before? Thanks in advance for your answers. -KY
 
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When you went outside the country and came back, you must have presented some kind of permit to the officer. Like your H1 visa or Advance parole. And they have let you in. So, I do not see a problem with that. And if you had applied for H1 extension before the previous one expired, you should be fine.

Also, if you have filed 485 (hence in adjustment of status stage), if you have a valid H1 in hand, then you can travel based on your H1. I have done that actually. That is perfectly fine with INS. In olden days atleast 3-4 years ago, it was a problem. But I have travelled in 1999 with my H1 after applying for 485.
 
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I agree with Kiran. Isn\'t scary how illinformed and dumb some of these immigration lawyers are!
 
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Hi Kiran,

First of all, thank you very very much for your response. I had sleepless nights because of this. I applied my I-485 in this August. In the note that I wrote it sounded as if I applied in 1998. I hope I did not create any confusion.

Anyway, at the time I went out of US., my visa was not expired. I had 1.5 months left on my Visa. So I used that visa and a letter from my company\'s lawyer stating that they applied for extension. (By the way, my company lawyer and the lawyer handling the I-485 are different.) I guess this can be accepted as the permit you mentioned, right?

When my lawyer was mentioning this problem, he was not sure either. He was just saying it might be a problem. But waiting in all these years not knowing what is gonna be next is already very exhausting and now, denial possibility? Well, that is GREAT(!) news.

Thank you very much for your responses. You helped me a lot with your positive note. -KY.
 
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