Imapact of vacation

Q

quagmire

Registered Users (C)
Hi All,
I plan to take time off and go out of country for a while
6 months, my AOS is pending (02-90), no EAD, AP validity April 2004, and would be vacating my apartment next month.

Could some one who has either exprienced first hand or for that matter Nth hand give some suggestions on what need to be taken care of before vacation, to ensure a remote possibility of falling through in getting AOS approved ( no rfe is assumed).

thanks all.
 
Firstly, in case of RFE, if your W2 doesn't reflect a high enough salary it could be a problem.

Secondly, if they ask for paystubs, for a portion of those 6 months, that could be a problem.

Thirdly if they send an RFE, you are not here to reply to it, that could be a problem.
 
Originally posted by Silly Man
Firstly, in case of RFE, if your W2 doesn't reflect a high enough salary it could be a problem.

Secondly, if they ask for paystubs, for a portion of those 6 months, that could be a problem.

Thirdly if they send an RFE, you are not here to reply to it, that could be a problem.
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I agree my case is hopeless, since I dont have a pay anyway the question of getting lucky with RFE is beyond Gods ability to grant me. my question though is it ok to give frinds address "in" change of address application to BCIS. and hope for the best.
 
Originally posted by BitterMan
In other words, you should be looking for a job, not planning a vacation.
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I dont have EAD!!! EAd expired, and renwal ead got bounced between service centers and it is now heading back to the service center where I applied for renewal in the first place!!!!
and you might have guessed it right, it is heading back to CSC!
 
is it ok to give frinds address "in" change of address application to BCIS
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One of my friends moved to another state and he gave his friends add. All communication was thru the fr. And he had to fly down twice for 2nd FP and stamping. He was also shit scared during the stamping day, expected a lot of questions regarding drivers licence add verification but things went smoothly for him. His remark that day was, never do it yourself, its too stressful.
 
quagmire,

the whole concept of AoS is based on the assumption that you are residing in the US and are changing your status from a non immigrant to that of a premanent resident.

well, technically you could give your friend's address and go on a vaction, but if bcis finds this out...you could be in trouble.

so, if you are out of US for 6 months....well, that raises more questions. consult a good attorney and play safe.

i wish you all the very best.
 
Originally posted by waitingforbreak
One of my friends moved to another state and he gave his friends add. All communication was thru the fr. And he had to fly down twice for 2nd FP and stamping. He was also shit scared during the stamping day, expected a lot of questions regarding drivers licence add verification but things went smoothly for him. His remark that day was, never do it yourself, its too stressful.
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I conncur with your friends impression, and let this be a "thought"
to folks who are exprimenting with "do-it-yourself" I went through it and got burnt, one has to be lucky to get away with it,atleast I dont seem to have it.

Has any of your friends been out of country, giving friends address. there is difference between giving forwarding address,
and giving change of address to BCIS formally, what was the case in your friends situation.
 
Gave change of address formally to INS(then), his name attached to friends address, no mention of friends name.

No one I know has ever been out of country 6 mnths during aos.

Hope this helps. Good luck in your decision.
 
Originally posted by quagmire
I dont have EAD!!! EAd expired, and renwal ead got bounced between service centers and it is now heading back to the service center where I applied for renewal in the first place!!!!
and you might have guessed it right, it is heading back to CSC!
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What about Interim EAD?

Also, you may want to explore a possibility of having another H-1B filed. That is, if you have not spent all 6 years on the previous H-1B, before you switched to EAD.
 
Originally posted by krishnakt
quagmire,

the whole concept of AoS is based on the assumption that you are residing in the US and are changing your status from a non immigrant to that of a premanent resident.

well, technically you could give your friend's address and go on a vaction, but if bcis finds this out...you could be in trouble.

so, if you are out of US for 6 months....well, that raises more questions. consult a good attorney and play safe.

i wish you all the very best.
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Absolutely! I inted to consult my former employers attorneys who
still are keeping track of my case, my hunch is that they would
send "withdrawl" and would be very dissapointed.

I wanted to get a broad and educated opnion, of folks in this forum, I indeed welcome any further thoughts.
 
quagmire,

i think you can request your former employer's attorney not to withdraw your petition.

i hope all turns out well for you.
 
Originally posted by krishnakt
quagmire,

i think you can request your former employer's attorney not to withdraw your petition.

i hope all turns out well for you.
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I have pretty bad people skills, I severly doubt that my former employer attorney "may" ( no pun intended) not entertain requests such as the above, unless there is promise of revenue for them. I might as well be imagining this.
 
Originally posted by BitterMan
What about Interim EAD?

Also, you may want to explore a possibility of having another H-1B filed. That is, if you have not spent all 6 years on the previous H-1B, before you switched to EAD.
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My case is as bad as it can get! I have exhausted my 6 years.
 
quagmire, it is not that bad.

You are wac02090, so you still have some time to go before anyone picks your app.

Do this, file for H1 extension. Yea it will be rejected, but while it is pending (6-8 months), you can legally work.

Meanwhile your EAD will show up for sure. Once that shows up, start working on that. (Why can't you get iEAD?)

By then we should be in 2004, if you start working now, your W2 will show something, whats better, you will have 3 paystubs to reply an RFE with. Who knows you might get lucky and not get an RFE at all.

Find a job in TX ... they will txfer ur case, and they take FOREVER to process anything.

It's messy, but if you are willing to go thru it, you can still get your GC.

And yes, it isn't right to twist the laws like I mentioned above, but y'know what .. IS INS FAIR? So yea SCREW THEM.

Good luck.
 
Last edited by a moderator:
Originally posted by Silly Man
quagmire, it is not that bad.

You are wac02090, so you still have some time to go before anyone picks your app.

Do this, file for H1 extension. Yea it will be rejected, but while it is pending (6-8 months), you can legally work.

Meanwhile your EAD will show up for sure. Once that shows up, start working on that. (Why can't you get iEAD?)

By then we should be in 2004, if you start working now, your W2 will show something, whats better, you will have 3 paystubs to reply an RFE with. Who knows you might get lucky and not get an RFE at all.

Find a job in TX ... they will txfer ur case, and they take FOREVER to process anything.

It's messy, but if you are willing to go thru it, you can still get your GC.

And yes, it isn't right to twist the laws like I mentioned above, but y'know what .. IS INS FAIR? So yea SCREW THEM.

Good luck.
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I accept it as good faith suggestion. Thank you for that. I severly doubt that any stability minded company would provide employment to me on a rejectable H1 petetion.

The problem with iead is that my ead renewal got bounced form CSC to VSC and back to CSC ( 2 months elapled between them)
and would have to wait for another month to be eligible to apply for iEAD, and meanwhile i am not sure what CSC folks have in mind once they recieve my application back frm VSC, how long if at all they would like to entertain my application this time around.
And am pretty sure that my local ins office would review the history of the EAD application, and god knows what the outcome for iEAD would be.

I concluded that there is too much of uncertainity in the whole process, which severly inhibits me to confidently approach the employer meanwhile. And that my only option was to take it easy on finding employment, until AOS decision is made either favourable or unfavourably. And I wanted to take care of the infinitsimally small chance of favourable decision.
 
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