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DV 2007 AOS only

Hi Ch3,

Medicals are generally valid for up to one year and USCIS also extends the validity for pending cases.Your August 2006 results are still valid and you might very well fine.I would say watch out for your interview date if that happens to be after August then take an appointment before interview for first date available after your interview,I guess make sense!!!If they ask for new results then you now you can get in in few days etc.Although I personally think you will be fine.

I am about to submit another AOS application based on Employment with the copy of my medicals taken in September 2006,hopefully this will work...

Jugnu
 
Thanks again. I have more questions regarding EAD (I-765) and Travel Document (I-131):

1. I-765. Question #11: Have you ever before applied for employment authorization from USCIS? Yes or No? I have applied for OPT and H1B in the past. Do they count as "Yes"?

2. I-131. Is this necessary? According to the instruction, that I don't need to apply for I-131 since both conditions are met: (1) I am an H-1 temporary worker and (2) A form of I-485 was filed on my behalf and pending with the USCIS. However, I will file this simultaneously with I-485. I may plan to go home for a short time sometime in summer. I was thinking that having this document will make my travel easier.

Thanks again for helpful replies.
 
Hi CH3,

OPT is an employment authorization.

You dont have to apply for Travel Document and you can travel and come back as long as you have a valid H1B visa stamped in your passport.In case you dont have a visa stamped in the passport and dont wanna get into the hassel of getting one...then you can apply for travel document for travel.

Please note travel document by law issued only for emergency travel while I-485 is pending and if you use that privilage then you must work on EAD when you come back.Your H1B status will be no more valid if your enter US on travel document.

Hope this helps!!!

Jugnu
 
Jugnu786 said:
...

Please note travel document by law issued only for emergency travel while I-485 is pending and if you use that privilage then you must work on EAD when you come back.Your H1B status will be no more valid if your enter US on travel document.

...
Click to expand...

Entering on AP doesn't automatically terminate your H1B status. I've had continuous H1B status while my employment-based I485 has been pending
and have entered several times on AP. I even had my H1B status extended for another 3 years several months after entering on AP.
 
Jugnu786 said:
Hi Bahadur,

This is the gray area of US Immigration Law but one thing is clear your non immigrant status is what you enter with at the US POE.Someone can be H1B if they enter on H1B or USCIS approve their status to H1B,like F1/J1 to H1B.Please see the link below and employment side of this forum contains lot of info.on this subject....

http://www.immigrationportal.com/showthread.php?t=250556&highlight=ap+h1b

Jugnu
Click to expand...

Jugnu,

You're quite right in that once one enters on AP, one is not in H1B status. However, it is possible to regain H1B status by leaving the country and enter using a valid H1B visa.

http://www.usvisanews.com/articles/memo1536.shtml

Also, any progress on your background check? How long have you been waiting now? I am still waiting for my "administrative processing" (= background check but requested by the Department of State) to finish... It has been nearly 5 months now.
 
Hi Bahadur,

No updates at all, It seems USCIS will process all cases like mine at the very end.I have written to CIS Ombudsman Office and lets see if they will make USCIS to Expedite Processing on my case.

There is a website and apparently the name is not coming in my head based out of DC(google it) they do monitor cases like you and they would let you know before the consulate abt.your process being completed.

Jugnu
 
bahadur007 said:
Jugnu,

You're quite right in that once one enters on AP, one is not in H1B status. However, it is possible to regain H1B status by leaving the country and enter using a valid H1B visa.

http://www.usvisanews.com/articles/memo1536.shtml
Click to expand...

bahadur007, Take a look at the link you posted and you will their retraction that the H1B is not lost:

[09/28/01] A faithful U.S. Visa News reader discovered an error in the 09/19/01 Wednesday Questions question 1. As this reader realized, H-1B status is NOT lost by using an advance parole re-entry permit. It would, however, be lost by use of an employment authorization document. We apologize for the error! Thank you for your faithfulness!
Click to expand...
 
Hi all,
I just wanted to let you know that FINALLY we got invitations for the interview (June 18). I just hope that our background is cleared...
On the weekend right before the interview we are going to Canada for a conference. Do you think it's a risky move?
 
Hi Jugnu.
About The Link You Gave, Is This For Cp?
What's This Website Is About And How Can We Send Our Case Story Them?

I'm Still Waiting For An Answer. June Has Come And I Was Making Plans For A Visit To My Home Country But I Don't Know If I Can . The Uscis Is Sooo Lazyyyy!!!!!!

Good Luck Everyone.
 
Hi Ekmekchi,

Yes that is for CP only.This organization monitors primarily scientists,researchers,mostly science related professionals stuck in administrative processing while getting H1B from different US Consulates.They get processing info direct from DOS HQ,that is a liaison office between FBI and Consulates.

Jugnu
 
I didn`t received NOA yet!

Hi,
i`m a little worried since i haven`t received anything from USCIS yet.I`m doing AOS baseds on DV2007, my number was current in May and my lawyer sent my package out to lockbox on MAy 12th but since then, i haven`t received anything and neither my lawyer.I saw on the forum that this ussually takes up to 2 weeks, so should i be worried?is there any way to call Lockbox and see if they know anything?
 
adirom28 said:
Hi,
i`m a little worried since i haven`t received anything from USCIS yet.I`m doing AOS baseds on DV2007, my number was current in May and my lawyer sent my package out to lockbox on MAy 12th but since then, i haven`t received anything and neither my lawyer.I saw on the forum that this ussually takes up to 2 weeks, so should i be worried?is there any way to call Lockbox and see if they know anything?
Click to expand...

No, you can't call the Lockbox. You should wait for the NOA (Notice of Action). There is no point calling the 800 number or going to your local immigration office with infopass appointment if you don't have your application number. Give it a few more days.
Were your checks cashed?
 
HI,
i don`t know if the checks were cashed because i sent money orders to my lawyer and then he sent it to USCIS.Stupid me, i should have wrote down the check numbers to track tem ,but i didn`t, so i have no idea if checks were cashed or not
 
adirom28 said:
Hi,
i`m a little worried since i haven`t received anything from USCIS yet.I`m doing AOS baseds on DV2007, my number was current in May and my lawyer sent my package out to lockbox on MAy 12th but since then, i haven`t received anything and neither my lawyer.I saw on the forum that this ussually takes up to 2 weeks, so should i be worried?is there any way to call Lockbox and see if they know anything?
Click to expand...
You should definitely not get worried. It took me about 6 weeks. My lawyer sent the I485 on April 3rd. And we got the NOA on May 10th.

I know some people have sent it on May 3rd and received on the same date as mine. They have given me the reason that each case has different processing time sigh
 
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