Presently, I am employed in the US Government as a contractor in Washington, DC and I have taken an extend leave of absence for a vacation for three weeks to my home country of Bangladesh of which I have one week remaining before planning to return to work. At the time of my departure I had a pending I-485 and I-140 concurrently pending cases. A couple of months prior I had received an INS RFE (Request for Evidence) asking for information which I submitted via an Immigration attorney. While in Bangladesh I did a leisurely case status check on USCIS.gov where I saw my case had been denied for the I-140 therefore I immediately contacted my attorney who stated the had to wait for the letter from INS for the reason of this denial. The letter was received and the reason for the denial was not receiving the Additional Evidence they had requested. The Attorney assured me that it was sent by them and received by INS, proven by a signature confirmation on delivery. I am now following the steps to file the Motion to reopen by paying the INS fees of $595 and filing the INS Form I-290B, as well as applicable Attorney fees. I believe that maybe INS has misplaced my package and this is the reason for this decision and I know this can be resolved as that seems to be the factor driving this decision.
Now, I am in a difficult predicament. I need to return to the US and I have different avenues to take in order to return to the US. Prior to traveling from the US to Bangladesh I had a H1B visa approved until February 27, 2010. I also have an EAD valid until December 2010 and an Approved Advanced Payroll visa which I could use to travel. This is where I now need some expert advice.
1) Should I travel on my approved Advance Payroll Visa rather taking an urgent issue with the embassy?
2) Should I travel on my H1B which is valid until February 2010 rather taking an urgent issue with the embassy?
3) Should I apply for urgent issue and wait for the case to be back in the open status on my I-140 and if the case is reopened travel before the urgent issue is granted?
3B) If I should apply for urgent issue and wait for the Motion to Reopen to take affect, what type of processing time do I expect and how optimistic am I being expecting less than a couple of weeks?
Please let me know what the best option is because I have scheduled an appointment with the US Embassy in Dhaka on July 8th, 2009 at 03:30PM BDT, (Bangladesh Time Zone) in regards to this urgent issue.
Now, I am in a difficult predicament. I need to return to the US and I have different avenues to take in order to return to the US. Prior to traveling from the US to Bangladesh I had a H1B visa approved until February 27, 2010. I also have an EAD valid until December 2010 and an Approved Advanced Payroll visa which I could use to travel. This is where I now need some expert advice.
1) Should I travel on my approved Advance Payroll Visa rather taking an urgent issue with the embassy?
2) Should I travel on my H1B which is valid until February 2010 rather taking an urgent issue with the embassy?
3) Should I apply for urgent issue and wait for the case to be back in the open status on my I-140 and if the case is reopened travel before the urgent issue is granted?
3B) If I should apply for urgent issue and wait for the Motion to Reopen to take affect, what type of processing time do I expect and how optimistic am I being expecting less than a couple of weeks?
Please let me know what the best option is because I have scheduled an appointment with the US Embassy in Dhaka on July 8th, 2009 at 03:30PM BDT, (Bangladesh Time Zone) in regards to this urgent issue.
