help needed !!

Hello, bitterman, and everyone !

I talked with a paralegal of my lawyer (my lawyer is always unavailable to talk to us even if we paid him a hefty fee), she said the when you left the country, they will tear off the I94 attached to the H1 approval notice, that is why if you come back and want to be on H1 again, you have to get a new H1 visa, also she said the approval notice is not a visa, I am really confused by her, though i tend to belive in you guys, but can someone who been though this comment about the I94 ? I have a small white card I94 when i first entered the country, then i got this H1 approval notive I94, which one should I submit?? what is the consequences of that>?? please comment.
thnks!!!
 
Originally posted by justchecking
Is this a voluntary practice
to show your 485 receipt notice, or will the INS person
at the port of entry ask to see 485 receipt notice besides
h1b papers.

Or is the responsibility of the candidate to show the 485 receipt.
Click to expand...

Displaying the receipt is a voluntary practice! Now that is the key. If you don't show your receipt, then while they won't ask you for it, your AOS case will be marked for abandonment, since your current status is that of H1. If you do show your 485 receipt then it is the immigration officer will probably mark the record as not abandoning your 485.

ZipZap,

I wouldn't be too worried if I were you. I know from the above sentence it looks bad. But in case there is any problem you could always try to fight it out. But your lawyer definitely deserves a kick up his/her ass for not giving you better advice.

floating cloud,

Quoting my paralegel's statement to me :
To re-iterate, as a non attorney I cannot advise as to travel.
Click to expand...
From my personal experience a para legal, while being more accessible than a lawyer and more considerate are the last people you should go to for legal advice. They usually can't find their norstril from their A******. If I had gone by my paralegal's advice, I would be attempting to enter the country without 485 on my H1. Thank god I cc'ed my lawyer during my discussion with her paralegal!

Getting back to your post, there are multiple points to be made WRT your question:
1. The I-94 has NOTHING to do with your H1's legality. The I-94 is just a document that allows them to track your entry and departure into the country.
2. The H1 receipt does not imply implicit entry into the country.
3. The H1 visa is what is used by people entering the US and is different from the H1 receipt, though it is only issued if the passenger has a H1 receipt.

With that being said, to answer your question:
1. Submit both I-94's on exit. They are just records of entry/exit plus they will be stamped with the duration of stay assigned to you.
2. Even if you enter on your AP you will need to fill out an I-94. Which will be new and have a different number from your current I94.
3. Surrendering of I94 does not in anyway signify loss of H1 status. Once you are in your country, your H1 receipt is what gives you your status, as does your Adjustee status under AOS.

I hope the above answers your questions. Sorry to compile all the replies in one post. Post again if you still have questions/doubts.

Thanks!
 
Last edited by a moderator:
Originally posted by BitterMan
is not entirely correct. Entering on AP in fact, does signify a change of status - the person entered becomes an "adjustee" or "parolee". This, however, does not prevent this adjustee/parolee from continuing working on H-1B visa for the same company.
Click to expand...

Thanks for clarifying that thought better Bitterman. Actually that is what I had intended to say in the first place. :) Sorry about that!
 
Hi, I140

thank you!! you know i have this travel phobia caused by the INS malfunction and abuse, that is why i sounds over-cautious, I will give it a shot anyway this time, thanks again for your kind advice
fc
 
SPAM

Originally posted by vipsha
SPAM:

140 and BM I like it
Click to expand...

Vipsha, What was that about?

What is up with the EAD renewal for your wife + her approval? I am monitoring it and would be obliged if you keep me in the loop! I was to send you an email on that this weekend.

floating_cloud,

No problem, you are right to be over cautious, better to be safe than sorry atleast as far as INS is concerned. Do write to your lawyer and ping him/her for advice. Don't listen to your paralegal. I have noticed my lawyer responds better to email than phone calls. If required she/he will call you. Other than that don't worry about entering on your AP. You should be okay! Though you will need an EAD to change jobs.

Thanks!
 
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Hi, 140,

I have had my EAD renew filed too, (in March) I will forward you the information if you need it for your followup,
fc
 
Thanks 140_takes_forever!

God all this is just so frustrating... Too many rules and half of the time I wonder what these lawyers know. Somehow others always seem to know more.

How would I know if my I-485 application was abandoned. When I look up my case status it says processing has resumed after finger printing was received. I also only recently (last month) received my EAD. Does that mean all is well?

:(
 
Originally posted by zipzap
Thanks 140_takes_forever!

God all this is just so frustrating... Too many rules and half of the time I wonder what these lawyers know. Somehow others always seem to know more.

How would I know if my I-485 application was abandoned. When I look up my case status it says processing has resumed after finger printing was received. I also only recently (last month) received my EAD. Does that mean all is well?

:(
Click to expand...

Take it easy most likely nothing has happened. I know a friend
who came back on H1b never showed any 485 receipts etc on
POE and he has his 485 approved already. Also it sounds stupid
to me that INS inspector at the POE will mark 485 to be not
abondened if you show 485 receipt, so basically you depend
on the whim of this INS person at POE, if he foregts to mark
it "not abondended" even if you showed your receipts does that
mean the candidate lost his 485 application. How would you
prove later that yes I did show my 485 receipt at POE. It is your
word against INS inspector and whose name you wont even
remeber. May be you should take a camcorder or something
and record showing your 485 receipt.....just kidding :)
 
justchecking,

oh, yes your whole AOS case depends on the immigration officer at POE. The problem is that they have a full access to all electronic files related to you, including your I-485. That is, if the officer does not like something about you (say, you angry/offend/insult or just plainly irritate him/her), they have the "power" to make changes to your file, say, putting some comments in it, which would greatly delay the adjudication process (may be not forever, but for a couple of years for sure).

Mostly, of course, it is a hearsay. But the lack of hard evidence is due to nobody managed to catch them red-handed. And INS, of course, will not admit such practices, EVER.
 
Originally posted by zipzap
How would I know if my I-485 application was abandoned. When I look up my case status it says processing has resumed after finger printing was received. I also only recently (last month) received my EAD. Does that mean all is well?
Click to expand...

ZipZap,

I wouldn't worry if I were you. As JustChecking mentioned, people do this all the time. And they get through. It is just that if you want to play it safe then you follow the rules.

Personally, if you ask me, you are okay. These IIO's are too dumb to correlate information such as "entered on H1 but did not show original 485". Etc. A case in point are these RFE's that people get on EAD renewal for marriage certificate, where the secondary applicant had filed based upon being a benificiary. And all documents were included in that application + the AP + first EAD.

All that goes to show how much intellect these people have. Not to mention giving visa's to dead terrorists. So don't worry, chill out and wait for your approval! :)
 
Hello!

Anyone can tell me why we have two copies of advance parole?? can anyone kindly describe the exact normal procedures of the return trip to US starting from the airport of home country till after entry to US? are they going to take away one copy? please undertand this may sound like a silly question, but I am new in this, so please help!! Reason i am asking is that i want to make sure some of the staff at the both airport wont do the wrong things and i have to suffer as a consequences


thank you!!
 
floating cloud,

yes, they should take one of the sheets at POE. The officer who did it to my papers said that they are going to send it to the service center where it was issued as indication of activation of Advance Parole document.

No worries. You will be able to enter the States on the remaining sheet as many times as you want. If your Advance Parole is for "multiple entry", that is.
 
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