Is there a difference between COS(Change of Status) and AOS(Adjustment of Status)?
Can I safely travel to India after filing my 485?
Please refer this...
The INS Memorandum dated June 18, 2001 reconfirms that there are two different rules between COS (Change of Status) and EOS (Extension of Status). These differences are as follows: If one travels outside the U.S. before the INS decides the case, the case is considered "abandoned" in the case of COS, but not in the case of EOS.
COS: The memorandum does instruct the INS directors to deny COS application if the officers learn that the alien travelled outside the U.S. before the application is adjudicated, as the INS considers such application "abandoned." Therefore, people should never leave the country before the COS application is decided.
EOS: The memorandum also reconfirms that unlike the COS situation, the EOS applicant is not precluded from travelling outside of the U.S. while the extension application is pending with the INS. However, there are two circumstances in EOS situations: (1) EOS application is approved while the alien remains outside the U.S. and before the alien returns to the U.S. (2) EOS application is approved "after" the alien returns to the U.S. Even though this memorandum did not reach this far in analyzing the rule, there is a rule that has been in effect for a while. It is called "last action" theory. Under the last action theory, even though EOS application in the senario (1) is not considered abandoned, the alien\'s extension can be affected depending on how the alien returns to the U.S. It appears that if the alien returns to the U.S. without the extension approval notice, the immigration inspector at the port of entry will give a new I-94 based on the existing visa or the NIV status before extension, and this may be considered the "last action" of the INS overriding extension approval. In this regard, it appears that it is extremely important that the alien somehow receives the hard copy of extension approval notice and returns to the U.S. using this notice with extended period of stay permitted by the INS. In the senario (2), the last action of the INS is approval of extension application since the alien returns to the U.S. with the inspection by the immigration inspectors at the port of entry, and the extension of status is totally unaffected. Caveat: The rule of last action applies only to the EOS situation and not, "repeat," not COS situation. Remember that in COS situation, no matter what, once the alien leaves the U.S. pending application, that application is considered abandoned regardless of when the alien returns to the U.S. This is the area which has confused a lot of practitioners. Caveat: In employment-based nonimmigrant situation, the principal alien (H-1B, L-1, O-1, etc) files both EOS and COS using the form I-129 and supplement, while the dependents or non-employment based nonimmigrants apply for EOS or COS using I-539. The impact of the COS rule can be differ between these two groups. In the group one (principal alien), the "petition" includes two legal proceeding: Employer request for INS permission to employ a foreign worker, and the alien\'s application for his/her current permitted stay. In the group two (539 application), there is only one legal proceeding involved, alien\'s application for change/extension of permitted stay. Consequently, the approval of the petitions in the group one will remain valid for the employer, but the same is not true for COS applicant alien if he/she leaves the U.S. pending the petition. What this means is that the approved petition is "not" totally dead. The alien will just have to leave the country again and return to the U.S. with the visa obtained using this approved petition and return to the U.S. This is so because the INS cannot deny the employer\'s petition inasmuch as the petitioner is eligible. It just can deny the portion of alien\'s application for change of status. In the second
Can I safely travel to India after filing my 485?
Please refer this...
The INS Memorandum dated June 18, 2001 reconfirms that there are two different rules between COS (Change of Status) and EOS (Extension of Status). These differences are as follows: If one travels outside the U.S. before the INS decides the case, the case is considered "abandoned" in the case of COS, but not in the case of EOS.
COS: The memorandum does instruct the INS directors to deny COS application if the officers learn that the alien travelled outside the U.S. before the application is adjudicated, as the INS considers such application "abandoned." Therefore, people should never leave the country before the COS application is decided.
EOS: The memorandum also reconfirms that unlike the COS situation, the EOS applicant is not precluded from travelling outside of the U.S. while the extension application is pending with the INS. However, there are two circumstances in EOS situations: (1) EOS application is approved while the alien remains outside the U.S. and before the alien returns to the U.S. (2) EOS application is approved "after" the alien returns to the U.S. Even though this memorandum did not reach this far in analyzing the rule, there is a rule that has been in effect for a while. It is called "last action" theory. Under the last action theory, even though EOS application in the senario (1) is not considered abandoned, the alien\'s extension can be affected depending on how the alien returns to the U.S. It appears that if the alien returns to the U.S. without the extension approval notice, the immigration inspector at the port of entry will give a new I-94 based on the existing visa or the NIV status before extension, and this may be considered the "last action" of the INS overriding extension approval. In this regard, it appears that it is extremely important that the alien somehow receives the hard copy of extension approval notice and returns to the U.S. using this notice with extended period of stay permitted by the INS. In the senario (2), the last action of the INS is approval of extension application since the alien returns to the U.S. with the inspection by the immigration inspectors at the port of entry, and the extension of status is totally unaffected. Caveat: The rule of last action applies only to the EOS situation and not, "repeat," not COS situation. Remember that in COS situation, no matter what, once the alien leaves the U.S. pending application, that application is considered abandoned regardless of when the alien returns to the U.S. This is the area which has confused a lot of practitioners. Caveat: In employment-based nonimmigrant situation, the principal alien (H-1B, L-1, O-1, etc) files both EOS and COS using the form I-129 and supplement, while the dependents or non-employment based nonimmigrants apply for EOS or COS using I-539. The impact of the COS rule can be differ between these two groups. In the group one (principal alien), the "petition" includes two legal proceeding: Employer request for INS permission to employ a foreign worker, and the alien\'s application for his/her current permitted stay. In the group two (539 application), there is only one legal proceeding involved, alien\'s application for change/extension of permitted stay. Consequently, the approval of the petitions in the group one will remain valid for the employer, but the same is not true for COS applicant alien if he/she leaves the U.S. pending the petition. What this means is that the approved petition is "not" totally dead. The alien will just have to leave the country again and return to the U.S. with the visa obtained using this approved petition and return to the U.S. This is so because the INS cannot deny the employer\'s petition inasmuch as the petitioner is eligible. It just can deny the portion of alien\'s application for change of status. In the second