I am now in Canda ..But i-485 Finger Print received

[fras]

Hi I work in Canada for a subsidiary of American company.

But I received a letter from INS asking me to come for a Finger Print appointment.

I have no H1 or Advance Parole. So could I drive to the USA from Canada and tell the Border official to let me in because of the Finger Print notice?

Is there a way to enter the USA? I forgot to renew my Advance Parole before I left the USA for Canada.

My I-485 has been pending for 4 years and now I moved to Canada. Is there a way to re-enter the USA.

Is there a way to do the Finger Print in a USA embassy in Canada?

Thanks

 

[minn_labor]

you can't do fingerprint in Canada.

You left USA witout having advance parole. You abandoned 485.

If POE figures out your are an adjustment of status candidate without advance parole or h-1 they won't allow you in.

If they do allow you in, you go for fingerprint, eventually USCIS will know that you left without advance parole and consider the case abandoned.

Not all is lost. You can switch to consular processing, if you still have a job offer with the American company. You will get called for interview and get your greencard there.

If you no longer have job offer with US company then later on when you want to come back to USA you can do another labor under perm, file I-140 get it approved and transfer priority dates to earlier approved 140. At least you will still get earlier priority date and won't have to wait long for retrogression.

united nations,
how easy is it go change from AOS to consular processing?
do you still maintain your PD?

 

[fras]

Is a subsidiary of an American company satisfactory?

Your response was a great relief for knowing that a switch to Consular Processing is possible!!!

However, I work for a subsidiary of an American company but the job offer doesn't say it's an American company that I work for; it just says it's located in Tornoto, Canada. Does the company have to be 100% American for consular processing?

I don't really know what's the meaning of "Subsidiary". I just know that the headquarters of the company is in New Jersey.

Anyway, now am searching for an American company (since my current company’s website name ends in .ca). I find many potential offers (I am in IT and my job is high in demand). But is getting a job offer from a 100% American company (whose website end in .com) enough? Do I need to ask the company I need complete sponsorship? Or could an outside lawyer help me if I just present the job offer to her/him?

I mean presenting the job offer letter (for a full time job) to an lawyer (outside the company) would do? Do I need to ask the internal lawyers of the potential company to sponsor me? (I have an immigrant number already)

Ok, they will conside me to have abandoned my employment based I-485. But please how should I respond to the Finger Print notice? Do nothing at all? I am in Canada and prefer to switch to Consular Processing. There is no need for me to change address right since I am outside the states, right?

Thanks very much.

 

[fras]

OK, they might think I abandoned I-485. But how to fix this.

I left the company that gave me I-140 in 2001.

The reason I prefer an outside lawyer because they tend to be faster. Further more, I prefer Consular Processing to I-485.

My I-485 Receipt Date: Sep 21, 2000. It's a long time. So this is why I left to Canada (i.e., so that there is ample time for the I-485 to complete).

Ok, they may consider my application abandoned but recently I noticed that the online case status change to something encouraging:

"On December xx, 2005, your I485 Application to Register Permanent Residence or to Adjust Status was received here for processing. It takes 270 days to reach a decision."

Also, my sponsoring company, which I left, sent me the Finger Print notice for next week. I have no way to enter!

So what should I do if I plan to enter the USA one day as a Permanent Resident? Should I just ignore the Finger Print notice?

 

[greatgc]

fras

Hi,

You can get US visitor's visa from US embassy in Canada for the purpose of visiting /tourisium to see the "Statue of liberty" OR just use the same fingerprinting appointment letter to come to the US. you MAY get the B1/B2 for a week or so.

Good luck.

**********

I left the company that gave me I-140 in 2001.

The reason I prefer an outside lawyer because they tend to be faster. Further more, I prefer Consular Processing to I-485.

My I-485 Receipt Date: Sep 21, 2000. It's a long time. So this is why I left to Canada (i.e., so that there is ample time for the I-485 to complete).

Ok, they may consider my application abandoned but recently I noticed that the online case status change to something encouraging:

"On December xx, 2005, your I485 Application to Register Permanent Residence or to Adjust Status was received here for processing. It takes 270 days to reach a decision."

Also, my sponsoring company, which I left, sent me the Finger Print notice for next week. I have no way to enter!

So what should I do if I plan to enter the USA one day as a Permanent Resident? Should I just ignore the Finger Print notice?

 

[fras]

No, I don't want to get in trouble with a visitors visa

Yes, I have Addvance Parole stamps on my passport.

So not entering for the finger print is better? Any way, my appointment is tomorrow and I can't be there.

I work for an American company Full-Time here (Canada). Is there any lawyer out there that could switch me to Consular Processing?

Do you think the best thing is to cancel my I-485 so that I am in good terms with immigration? Please advice because I just don't know what to do.

I am happy now in Canada but I prefer not to lose I-485 unless it's absolutely necessary. What's the point of it running if I can't switch to consular processing? I think Consular Processing is my only hope.

 

[fras]

B1/ B2 visa while in I-485 pending

I am going to the US embassy in Montreal and am going to answer all questions accurately on DS158 and DS157.

But there is a question of I ever was under deportation.

So an affirmative action will automatically result in denial? I just want to attend a seminal through my company for 2 weeks.

 

[greatgc]

If you were actually never deported by the US government , your answer should be NO.

In any case ,pls do post what's the end result of your finger printing stuff.

Best Luck.


***********

I am going to the US embassy in Montreal and am going to answer all questions accurately on DS158 and DS157.

But there is a question of I ever was under deportation.

So an affirmative action will automatically result in denial? I just want to attend a seminal through my company for 2 weeks.

 

[fras]

B1 denied because I-485 was pending

The end result is that I was denied a B1 visa.

The officer gave me the reason: My application for the Adjustment of Status (I-485) was and is still pending.

Since my advance parole has expired while I am in Canada and there is no way to enter the States to continue the Green Card processing, the officer told me that I am trying to get in the states in any way possible to just wait until the Green Card is finalized. So therefore, he doesn't beleive me that I am temporarily going to visit the States. So he denied my application despite the fact I showed a very good letter from my employer.

 

[GotPR?]

Since my advance parole has expired while I am in Canada and there is no way to enter the States to continue the Green Card processing, the officer told me that I am trying to get in the states in any way possible to just wait until the Green Card is finalized. So therefore, he doesn't beleive me that I am temporarily going to visit the States. So he denied my application despite the fact I showed a very good letter from my employer.

Matter is not if officer believes you come to the US temporarily or not. As you already filed I485, you showed immigration intent and B1 is not visa which allows immigration intent.
I do not know how you can get into the US in this situation. All the visa except for H1 and L1 wil be most likely denied as you filed immigration petition. You may try L1 visa as you are working at subsidiary of the US company.
You probably switch to CP , but AC21 is not for CP, and how the fact you already left original company is considered is not clear.