is It ok?

P

pareshv75

Registered Users (C)
My Case
I140
RD 3/3/2003
ND 3/25/2003
AD 5/15/2003

I485
RD 3/3/2003
ND 3/25/2003
FD 26/04/03

Now My H1 Visa stamping is Nov 21.
My I94 is Dec 01-2003

I got New H1 already which is till Sept 2005.
In case my GC approves after Dec 2003.
Do I need to have Visa stamping or I can just show H1 document which is valid??
Thanks
P
 
Can you be more clear

If you are planning to travel abroad you either have to have a valid AP or you have to get your passport stamped with a new visa based on the extended H1. Hope this helps.
 
Visa stamping is required only to re-enter USA. I-94 determines the authorized stay in USA. Probably you would have got new I-94 with new H-1B approval. Also since you applied for AOS(I-485) your stay is authorized till the final decision is made on your case.
You can use AP to travel after the expiry of H1B visa.

I-485 processing time is about 24 months, so don't expect with in 9 months. But we never know BCIS might do some miracles to approve I-485 cases in short time.
 
Hi Sanu

Thanks for quick reply
I am not planning for travel.
I just wanted to know if its required for gc interview.
Thanks again
P
 
One more question

Hi Edison, Sanu.
I used to hear that priority dates matter when I 485 is not current.
Is it current now?
This is as my priority date is Mar 2000
Will that help me?
P
 
What about re-enter using AP? I-94 says Paroled Until 7/11/04. Suppose on 7/12/04, I haven't renew H1, switched to EAD and have not left US again, do I have to renew my I-94 somehow?
Originally posted by Edison
Visa stamping is required only to re-enter USA. I-94 determines the authorized stay in USA. Probably you would have got new I-94 with new H-1B approval. Also since you applied for AOS(I-485) your stay is authorized till the final decision is made on your case.
You can use AP to travel after the expiry of H1B visa.

I-485 processing time is about 24 months, so don't expect with in 9 months. But we never know BCIS might do some miracles to approve I-485 cases in short time.
Click to expand...
 
Re: One more question

Originally posted by pareshv75
Hi Edison, Sanu.
I used to hear that priority dates matter when I 485 is not current.
Is it current now?
This is as my priority date is Mar 2000
Will that help me?
P
Click to expand...

Priority date is current now for I-485. Also priority date matters only for filing I-485, after I-485 is processed based on I-485 ND. GC priority date might help you only if BCIS rollback I-485 date from current.
 
Re: Re: One more question

PD matters all the time till approved. I read this on one of the sites.

Take this hypo case. PD is current. Filed 485. PD goes back 2 years and your Labor filing date is after this date, hence visa number will not be available. The 485 case is put on hold and the case will be taken up when the PD is past the labor filing date.

Just my 2 cents.
 
Originally posted by tyzh
What about re-enter using AP? I-94 says Paroled Until 7/11/04. Suppose on 7/12/04, I haven't renew H1, switched to EAD and have not left US again, do I have to renew my I-94 somehow?
Click to expand...

If someone enters using AP they used to get I-94 without expiry date but recently it was to 1 year validity. I heard that lot of members in this forum claim that we need not renew I-94 since I-485 is pending so no status issue. But I prefer to renew I-94 but I don't think there is a way to renew I-94 without travelling outside the country.
 
it cannot go back that much

even though you said it as hypothetical...still since cases have ben processed until dec01-jan 2002- there is no way for the date to retrogress beyond that time.
maybe because of concurrent filing, there is a chance for retrogression but dates may go back only until early 2002. so probaly 2004 and later might see some backlog.
My 2 c.
but ambyasasam is right about explanation. i am just trying to see some silver lining to our situation.

Originally posted by AMBYASASAM
PD matters all the time till approved. I read this on one of the sites.

Take this hypo case. PD is current. Filed 485. PD goes back 2 years and your Labor filing date is after this date, hence visa number will not be available. The 485 case is put on hold and the case will be taken up when the PD is past the labor filing date.

Just my 2 cents.
Click to expand...
 
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