I-485 Issue

K

krubakar

Registered Users (C)
I did concurrent filing of I-140 & I-485.

AOS & I-140 Filed 3/22/03
AOS Receipt notice 3/27/03
I-140 Approved 5/15/03
1 FP - 5/1/03
AP & EAD recvd & expire 5/27/04
Filed AR-11 Form to give Friends Address in US - Jan '04

I was laid off in OCT '03(after 180 days have passed) and have since moved to India to get some treatment for my family members.

Question:

1. Can I now return to US before 5/27/04 using AP & EAD at port of entry eventhough I don't have a US job right now?
2.
If the answer is yes, what documents should I carry with me?
3. Can I renew EAD & AP while in US?
4. Will the AOS processing continue, even if I remain outside US?

Let me know.

Krubakar
 
1. Can I now return to US before 5/27/04 using AP & EAD at port of entry eventhough I don't have a US job right now?

YES.
2.
If the answer is yes, what documents should I carry with me?
I would say better find some company who can give you an offer letter.

Your 485 receipt, EAD and AP.

3. Can I renew EAD & AP while in US?
Surely you can.
4. Will the AOS processing continue, even if I remain outside US?
niladri knows this very well. Wait for his input on all of above questions too.
 
Originally posted by krubakar
1. Can I now return to US before 5/27/04 using AP & EAD at port of entry eventhough I don't have a US job right now?

Yes! Shouldn't have a problem, though you might want to have a good story ready on the off chance that you are asked about current employment.

2. If the answer is yes, what documents should I carry with me?

AP does not require any additional documents to validate it. There are some documents that you could carry for additional safety, but this is a topic much discussed so just search the archives for the complete list

3. Can I renew EAD & AP while in US?

Yes.

4. Will the AOS processing continue, even if I remain outside US?

Yes, but if your AP expires before you re-enter the country, it will be difficult to enter the country. Also, these days RFE's are very common, so if you are asked for an EVL and you cannot provide the required paperwork, then you will be rejected. So the answer to your question is not an emphatic yes, instead it is a YES based upon the fact that you already have an employer lined up in the US who is willing to provide you with an EVL if RFE'ed!

Let me know.

Krubakar
 
Thanks guys for the responses. Some more questions.

1. At the port of entry, I am going to say that I was in India for a medical treatment for my son and I am returning back to resume job search. Will that be a bad story? Any suggestions?

2. I am pretty new to this forum and probably am not doing the right thing, but I couldn't find the list of additional documents that I need to carry for safety. Can somebody help me?

3. As far as the offer letter is concerned, I cannot get a real offer letter, but probably some fake letter from an employer. Will that do?

4. I filed the AR11 form only in Jan'04 eventhough I moved out of US in OCT'03 itself. Is that OK? Do I have to do any additional notifications for my change of address?

5. I only have copies(PDF Printout) of AOS receipt notices. Will that do or do I need the originals?

5. What is the process to renew EAD & AP?
 
Last edited by a moderator:
Originally posted by krubakar
1. At the port of entry, I am going to say that I was in India for a medical treatment for my son and I am returning back to resume job search. Will that be a bad story? Any suggestions?

Better to actually have a job offer as compared to search for a job. You are on an EB based AOS after all. It is rare that they will ask you about your job, but it is better to have a good story as compared to bad. Child's medical treatment is good, though they will be wondering why you left the US which has the best medical facilities for India. :)

2. I am pretty new to this forum and probably am not doing the right thing, but I couldn't find the list of additional documents that I need to carry for safety. Can somebody help me?

Click on the "search" tab on the top right corner, type in AP or Advanced Parole, and sift through the results. It works pretty much like Google, it isn't that difficult, you will find all your answers there since most cases have been answered at some point in the past.

3. As far as the offer letter is concerned, I cannot get a real offer letter, but probably some fake letter from an employer. Will that do?

Ah the ethical questions, sorry can't help you here, it is up to you.

4. I filed the AR11 form only in Jan'04 eventhough I moved out of US in OCT'03 itself. Is that OK? Do I have to do any additional notifications for my change of address?

You don't need to file AR 11 if you are out of the country, your I94 will take care of that. You don't need any additional notification for your change of address.

5. I only have copies(PDF Printout) of AOS receipt notices. Will that do or do I need the originals?

Technically you don't need AOS receipt notices, but it would be nice if you have the original, but failing that a copy should work fine.

5. What is the process to renew EAD & AP?

Check the FAQ's on the top of the forum. They should have everything you need. Else just use the search.
 
Just one more clarification.

I filed AR11 because I want to receive the fingerprint/approval/receipt notices in US. Since I did not have an address in US, I gave my friend's address as my new address so that I do not miss any critical document.

Given the above context, is it enough that I filed just AR11 or should I also do something more to make sure the address updation happens faster?

Just need to throw some light on medical facilities in India eventhough this is not the right forum. India, Kerala in particular are pioneers of ayurveda and still continue to be that. For certain kind of ailments(like what we needed), ayurveda is still the best treatment in the world and there is no better place in earth than Kerala to get that treatment. There are quite a number of foreigners who visit ayurvedic centres in Kerala frequently to get treated for a number of things like rejuvenation, aging reduction etc. etc. They like ayurveda because eventhough the procedures are strenuous and require a lot of patience, they have zero side effects.
 
Read some of the other posts with regards to AR11 Vs updating address with INS, in short the answer is the two are different.

WRT Indian medical facilities, I believe you, just that you have to convince the IIO IF he asks you that question.

good luck!
 
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