Got GC, No AP and in India
- Thread starter crazygal
- Start date
rav_oranges
Registered Users (C)
I really don't know and this is a question for a lawyer as they wouldn't want to be denied entry at the port of entry.
My understanding is that once the gc is approved your previous status is terminated and so you either need your advanced parole or gc.
Contact a lawyer and get proper advice.
My understanding is that once the gc is approved your previous status is terminated and so you either need your advanced parole or gc.
Contact a lawyer and get proper advice.
ask him to return in the same status that he went out of US with. That will be accepted at port of entry.
GC arrived after he had left , so did he leave while in H1 status , was he maintaining his H1 just before he left ? If he was on EAD , he shouldn't have left without AP in the first place and that means the 485 app can be considered abandoned by USCIS, but in his case he already has the GC so what will they abandon now
.
Also can he ask someone here to post his GC to him in India, which that he will have no issues whatsoever anyways (only if the card is issued and someone can send it to him)
GC arrived after he had left , so did he leave while in H1 status , was he maintaining his H1 just before he left ? If he was on EAD , he shouldn't have left without AP in the first place and that means the 485 app can be considered abandoned by USCIS, but in his case he already has the GC so what will they abandon now
.Also can he ask someone here to post his GC to him in India, which that he will have no issues whatsoever anyways (only if the card is issued and someone can send it to him)
May be help! but use your discretion.
Our case.
1) Shifted to AOS in March 2006 when H1B stamping expired.
2) Spouse and Kids went to India in June 2007. While leaving returned the I-94 that was obtained for H1B (which was expired ofcourse)
3) GC got approved in July 2007 (my wife was in India then, but had AP).
4) I went to India with my GC and wife's GC.
5) Returned to US early Aug. 2007. NO ISSUES. Only question I was asked at POE was how long were you out of US?
So, just send the GC to your friend & family overseas and ask them to return using it. If not the status they left would be allowed to returned.
Hope this helps.
Note: I'm NOT an attorney or possess any legal experience. Please use it at your discreation.
Our case.
1) Shifted to AOS in March 2006 when H1B stamping expired.
2) Spouse and Kids went to India in June 2007. While leaving returned the I-94 that was obtained for H1B (which was expired ofcourse)
3) GC got approved in July 2007 (my wife was in India then, but had AP).
4) I went to India with my GC and wife's GC.
5) Returned to US early Aug. 2007. NO ISSUES. Only question I was asked at POE was how long were you out of US?
So, just send the GC to your friend & family overseas and ask them to return using it. If not the status they left would be allowed to returned.
Hope this helps.
Note: I'm NOT an attorney or possess any legal experience. Please use it at your discreation.
ask him to return in the same status that he went out of US with. That will be accepted at port of entry.
GC arrived after he had left , so did he leave while in H1 status , was he maintaining his H1 just before he left ? If he was on EAD , he shouldn't have left without AP in the first place and that means the 485 app can be considered abandoned by USCIS, but in his case he already has the GC so what will they abandon now
Also can he ask someone here to post his GC to him in India, which that he will have no issues whatsoever anyways (only if the card is issued and someone can send it to him)
Thank you so much for the info Mehro! He was in H1 status when he left last month and he has his H1 till 2009. I will pass the information to him as he is in India right now.
Thank you so much for the information CaliGC!..... I will pass on the information.