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Gurus, lawyer tells INS has misplaced my receipt
- Thread starter ms001
- Start date
No Title
As I understand it (unfortunately I am not a guru), your GC approval automatically cancels your H1 visa: an application to *adjust* to permanent status will invalidate the temporary worker status.
If you have the receipt you can get the temporary GC in the passport. Without the receipt you have to wait for the GC in order to travel.
You may try to approach your lawyer from this new angle and see what he says - as I stressed above I am not a lawyer.
Comments/corrections welcome!
Good luck
As I understand it (unfortunately I am not a guru), your GC approval automatically cancels your H1 visa: an application to *adjust* to permanent status will invalidate the temporary worker status.
If you have the receipt you can get the temporary GC in the passport. Without the receipt you have to wait for the GC in order to travel.
You may try to approach your lawyer from this new angle and see what he says - as I stressed above I am not a lawyer.
Comments/corrections welcome!
Good luck
Bashaar Ahmed
New Member
No Title
Does this mean if I travel outside the US when my GC approval is pending and it gets approved when I\'m out of the country, I cannot enter US even though I have a valid H1 visa and I haven\'t yet stamped my GC on my passport?
Does this mean if I travel outside the US when my GC approval is pending and it gets approved when I\'m out of the country, I cannot enter US even though I have a valid H1 visa and I haven\'t yet stamped my GC on my passport?
No Title
I got my I485 approval through interview at the local INS office (long story). The immigration officer cancelled all my US visas in the passport by strucking lines accross them.
My feeling is that you are in the same position: your H1 visa is cancelled. The difference is that your passport is out of sync with your real situation. So there are 2 possible outcomes:
1. You may be able to use invalid documents to be admitted back in the US. You will have now an I94 form and a corresponding entry in the INS database. How will you get rid of those? Remember that you may want to get US citizenship at some point and the INS is watching a lot closer immigrants since 9/11.
2. You will not be admitted in the US.
Just my (narrow) view of the world. I am not a lawyer.
I got my I485 approval through interview at the local INS office (long story). The immigration officer cancelled all my US visas in the passport by strucking lines accross them.
My feeling is that you are in the same position: your H1 visa is cancelled. The difference is that your passport is out of sync with your real situation. So there are 2 possible outcomes:
1. You may be able to use invalid documents to be admitted back in the US. You will have now an I94 form and a corresponding entry in the INS database. How will you get rid of those? Remember that you may want to get US citizenship at some point and the INS is watching a lot closer immigrants since 9/11.
2. You will not be admitted in the US.
Just my (narrow) view of the world. I am not a lawyer.
No Title
Hi,
You are talking in two different platforms. One is GC approval and the other is GC receipt. As far as receipt goes, you can get a duplicate copy of the receipt and your lawyer is taking you for a big ride. Contact VSC and explain that your receipt is lost and ask for a duplicate and they will definitiely issue one. Though it is said that you can travel without 485 receipts if you have H1, there MAy be some risks involved and you may be questioned. Many people have travelled with receipt and AP on H1 and have nad no problems. So you are fine
Change your lawyer ASAP
Hi,
You are talking in two different platforms. One is GC approval and the other is GC receipt. As far as receipt goes, you can get a duplicate copy of the receipt and your lawyer is taking you for a big ride. Contact VSC and explain that your receipt is lost and ask for a duplicate and they will definitiely issue one. Though it is said that you can travel without 485 receipts if you have H1, there MAy be some risks involved and you may be questioned. Many people have travelled with receipt and AP on H1 and have nad no problems. So you are fine
Change your lawyer ASAP
Bashaar Ahmed
New Member
No Title
Does this mean if I travel outside the US when my GC approval is pending and it gets approved when I\'m out of the country, I cannot enter US even though I have a valid H1 visa and I haven\'t yet stamped my GC on my passport?
Does this mean if I travel outside the US when my GC approval is pending and it gets approved when I\'m out of the country, I cannot enter US even though I have a valid H1 visa and I haven\'t yet stamped my GC on my passport?
No Title
Bashar, you are not in any trouble. Your H-1 is still valid if you I-94 has not expired. Even though you have not received your receipt, if you have a valid H-1 stamp on your passport, you can still travel to india, just take copies of your application and proof of mailing (FEDEX receipts etc.) along with you when you travel.
Also as per the rules defined by the INS in a communication last year (check www.murthy.com), an application for AOS does not cancel out you H-1 unless you use your EAD to work for an employer other than the original petitioning employer or you enter back into the country by showing the AP. Please be advised, when you enter the country using your AP, there is a fair chance that they may ask you for your I-485 receipt. I\'ve heard of cases where they do not stop you if you can show proof of mailing. But I\'m not sure as I haven\'t travelled using an AP yet.
Also, the issue of INS not issuing duplicate, I think thats a load of garbage. I\'m not sure, but you can call the IIO and get your EAC number by giving them your name and birthdate. Thereafter, you could probably get some kind a notification of receipt from them. If you don\'t trust your lawyer, get a second opinion. Also, if you don\'t trust your lawyer, you don\'t want to continue with him / her.
P.S. : I\'m not a lawyer. This is information I have based on this and other chat rooms.
Bashar, you are not in any trouble. Your H-1 is still valid if you I-94 has not expired. Even though you have not received your receipt, if you have a valid H-1 stamp on your passport, you can still travel to india, just take copies of your application and proof of mailing (FEDEX receipts etc.) along with you when you travel.
Also as per the rules defined by the INS in a communication last year (check www.murthy.com), an application for AOS does not cancel out you H-1 unless you use your EAD to work for an employer other than the original petitioning employer or you enter back into the country by showing the AP. Please be advised, when you enter the country using your AP, there is a fair chance that they may ask you for your I-485 receipt. I\'ve heard of cases where they do not stop you if you can show proof of mailing. But I\'m not sure as I haven\'t travelled using an AP yet.
Also, the issue of INS not issuing duplicate, I think thats a load of garbage. I\'m not sure, but you can call the IIO and get your EAC number by giving them your name and birthdate. Thereafter, you could probably get some kind a notification of receipt from them. If you don\'t trust your lawyer, get a second opinion. Also, if you don\'t trust your lawyer, you don\'t want to continue with him / her.
P.S. : I\'m not a lawyer. This is information I have based on this and other chat rooms.