EXTREMELY URGENT!!! Ciba/anyone please help.

P

PK1127

Registered Users (C)
I filed my I-485 application in April. I am currently on an H1B extension, but the new H1-B has not been revalidated on my passport yet. Something has come up and I need to travel out of the country ASAP. I was thinking of going to Canada to get my H1-B revalidated.

- If I go to Canada will I be able to get back into the US? (since the I-94 attached to my passport is no longer valid).

- I applied for AP only three weeks ago and I still have not received the receipt from INS. Will it cause any problems to my greencard process if I go to Canada without waiting for Advance Parole?

I am planning to leave for Canada in a couple of days and any help on these issues would be greatly appreciated.

              - PK
 
EXTREMELY URGENT!!! Ciba/someone please help.

I filed my I-485 application in April. I am currently on an H1B extension, but the new H1-B has not been revalidated on my passport yet. Something has come up and I need to travel out of the country ASAP. I was thinking of going to Canada to get my H1-B revalidated.

- If I go to Canada will I be able to get back into the US? (since the I-94 attached to my passport is no longer valid).

- I applied for AP only three weeks ago and I still have not received the receipt from INS. Will it cause any problems to my greencard process if I go to Canada without waiting for Advance Parole?

I am planning to leave for Canada in a couple of days and any help on these issues would be greatly appreciated.

              - PK
 
No Title

I caution you to be aware of a potential serious consequence.

If you leave for Canada to apply for H1 visa, and for whatever
reason the petition is denied, even though you could get back
into the country by a valid I-94 (the one attached to the H1
approval notice), your AOS will be considered abandoned.

Unless you are sure that your visa stamp will be approved, I
suggest you stay put and wait for the AP to come through. Or
you can go to local office to apply for AP on the spot. YOu
have to produce supporting paperwork explaining why your need
AP in urgency.

ciba
 
Ciba one more qn: Urgent

Thanks Ciba, for answering my qn. I have one more qn...

I have decided not to go to Canada for my H1B. If I travel to India without getting my advance parole and I wait in India until my advance parole papers are back . Would that be ok?

Will the immigration guys at the airport have anyway of knowing that I left the country before my AP came thru. I definitely have to levae for India asap...and Iam trying figure out what options I have.

Thanks for all the help.

Thanks,
pk
 
No Title

PK:
according our lawyer U can leave the country without AP..ask ur people to fed ex AP to U...its legal
better to take cibs advise too
 
No Title

Hi PK,

I understand what you and tinkud have in mind, and yes,
I have seen a few posts where people sucessfully do
this -- i.e, ask friends to mail AP oversears and use
it to return. I am worried, however, that this practice
is not legal. The reasons those folks were able to
return is that immigration officers do not usually
examine AP paperwork carefully. This oversight could
haunt you later on. Remember the message posted on
Ron\'s discussion board just last week? This person
was interviewed in LA and the adjudicator refused to
approve his case because he left the country without
AP and re-entered using a religious work visa, which
practically abandoned his AOS.

I still think you should be a little more cautious,
no matter how urgent you need to travel.

Another safer approach would be to apply H1 stamp
in your home country. I\'d think the rejection of
applying H1 stamp in one\'s own country is much lower.
You can then get back into US using the approved
stamp.

ciba
 
Both are risky

I think both courses are risky. Traveling before you get the advance parole has been reported to be risky in some other discussion group - on entry, if they look too closely at the dates, there may be a problem. The risk of H1 denial in the home country is very real too - recently a colleague of mine almost did this, but was cautioned by the lawyer at the last minute not to take a chance on it - there is strong evidence that consulates in India especially, are not granting H1 visas based on the 7th year renewal (I presume that is what you have).
 
I did this

Hey,

I applied for my AOS, and then had to leave with in a week for business reasons, according to my attorney you can and i did. I have had no problem so far. I have got my EAD and AP and FP notices. I would still say talk to your attorney if he says ok you are fine.

Cheers!!,
 
Travelling on AP

Does anybody know, how many days can you remain out of USA when you are travelling on AP?
 
No Title

pk,
 i was in the same situation. i had to go to india(my home country), so i went and got h1 stamped in chennai, and got back here. it was totally cool. so i recommend that route. they don\'t know about your AP/485 process unless you tell them.

hope this helps.
 
DudE!

Dude! I went back home on AP, all I had to do was take my AP filled Notice and had Doctor\'s letter stating it was some kind of medical emergency. I got my AP with in 1 hour, it is not advisable to leave the country even with Valid H1 when you are on AOS. That is what I was told by IIO at San Jose.

PS take 2 photos with you.

later
snoop
 
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