Jan 2003 I-140/I-485 concurrent Filers - READ ONLY

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AP or H1B?

Hi everyone

I had a question about AP. My wife and I are travelling to India in May. Both of us have valid H1B multiple entry visas. The BCIS website says that people with H1B who filed for I-485 don't need AP. However, we didn't know this until recently and already filed for AP last month (lawyer's advice).

I don't think our AP will be approved in time. So can we still go to India without it and use our H1Bs?

I asked my lawyer and he said "it would be foolish to leave the country without AP even if BCIS website says so".

What to do? :(

Frantix
 
no problem

Just to let you know that valid H1 is good enough. You don't even have to show AP to immigration. I think you might want to think about another Lawyer. Pls ask others too, this is just my understanding.
 
Guys,
Thanks for your ongoing support. Mine mailing for concurrent processing was 01/28/2003. This is what I heard from my lawyer:

I just spoke to the BCIS regarding your case. According to them, they lost
the G28s for your case, and that is the reason receipts were not sent to
our office. Therefore, I am going to send you new G28s to sign and send
back so that we can get Fragomen as your attorney of record. Regardless,
the officer told me that you should have received the receipts directly
from BCIS.

According to her, it won't have any affect on my case. It is still under regular processing. Is there enough reason to believe my lawyer
 
Frantix's question...

Hey Frantix

There is no problem. You can still leave the country and enter on your H1B, as long as its valid and you have the original H1B approval notice with you.

As a matter of fact, I had a chat with my lawyer on this issue AFTER filing for AP. He said i dont have a problem, i can still use my H1B, whereas my wife whos is on a student visa, cant do the same. She will have to wait for her AP. The difference in the 2 cases is that H1B has a "dual intent". you can be here on a temporary basis(H1b) and also intend to stay long term(apply for GC). Student visas dont have the "dual intent" and hence once they file for 485, F1 visa becomes invalid.

also, if you wish you can extend your H1b even though you have EAD/AP(and GC hasnt been approved). But that doesnt achieve anything more that what EAD/AP does for you. But legally/technically you can still use valid H1B.
 
EAD & AP Approved

Hi Guys,
Please find the Updated sheet. My EAD and AP approved

Thanks,
KKDGC
 
Ignore this message.....

Ignore this message.....
 
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Ignore this message.....

Ignore this message.....
 
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Updated muppaneni's latest info and renamed the spreadsheet back to Jan-03.xls

Hi,

Updated muppaneni's latest info and renamed the spreadsheet back to Jan-03.xls

Thanks.
 
Updated muppaneni's latest info and renamed the spreadsheet back to Jan-03.xls

Hi,

Updated muppaneni's latest info and renamed the spreadsheet back to Jan-03.xls

Thanks.
 
Can we use AP without 140 approval?

Guys, I need your help on this:

I am holding H-1 now with AP approved, is it OK to use it without 140 approval? Anyone has done this recently?

Thanks,

Tigerrush
 
Jan' 03 Concurrent Filing

RD 03/10/03

Check Cashed 01/14/03


Received receipts through lawyer 01/28/03

FP Notice Received 01/27/03 for 03/10/03

FP Done as Scheduled.

I-140 approved and online message changed on 25th March, 03

Online message changed online for FP 27th March, 03

EAD approved and online message changed 27th March, 03

AP approved and online message changed 28th March, 03

EAD card mailed and online message changed 2nd April, 03

EAD card received 05th April, 03

AP received throght lawyer 7th April, 03.


My Son's Case:

Mailing Date 02/5/03

RD 02/06/03

ND 02/11/03

FP notice received on 03/05/03 for 04/12/03

FP done on 03/10/03 as he has to appear for test on 04/12/03

Online message has not changed yet!!

For EAD and AP messages have changed.

RFE received on EAD and AP.

Message changed for EAD acknowledging the receipt of the response against REF.

Good Luck!
 
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Jan' 03 Concurrent Filing

Friends, I would appreciate your views:




1: How many times can I travel on AP which is valid for one year.

2: I have received 3 copies of AP. Do I have to use different copy every time?

3: While applying for AP, there was a column asking when do I intend to travel....Is it necessary to travel during that particular time of the year only ( My AP approval form does not say anything about the period)?

Thanks....

:confused:
 
Re: Jan' 03 Concurrent Filing

Originally posted by Kali_Chinki
RD 03/10/03

Check Cashed 01/14/03


Received receipts through lawyer 01/28/03

FP Notice Received 01/27/03 for 03/10/03

FP Done as Scheduled.

I-140 approved and online message changed on 25th March, 03

Online message changed online for FP 27th March, 03

EAD approved and online message changed 27th March, 03

AP approved and online message changed 28th March, 03

EAD card mailed and online message changed 2nd April, 03

EAD card received 05th April, 03

AP received throght lawyer 7th April, 03.


My Son's Case:

Mailing Date 02/5/03

RD 02/06/03

ND 02/11/03

FP notice received on 03/05/03 for 04/12/03

FP done on 03/10/03 as he has to appear for test on 04/12/03

Online message has not changed yet!!

For EAD and AP messages have changed.

RFE received on EAD and AP.

Message changed for EAD acknowledging the receipt of the response against REF.

Good Luck!
Click to expand...


hi kali_chinki,
could u tell me what the RFE for EAD?AP was about??? even i have got RFE, the message says they mailed it on 26th March 2003 but havent received any notices from INS.
in how much time did u receive the notice from them?? thanks in advacne for any information.
Good luck
 
RFE...

For EAD they had asked a recent photo bearing ID showing the date of birth.
Our lawyer had received it and he had mailed the first page of the passport.

You can also send copy of your driver's license along ( I have read about it in this forum only!). But let me tell you, they have very specifically mentioned that the picture/copy should be very clear.

We are still waiting for the AP RFE as the status shows that it has been mailed. It, again, must have been mailed directly to our lawyer. We are in touch with him and as soon as he gets it he will send a copy to us and will take action on RFE at the soonest ( as we have been told by him!!!).
 
Kali_Chinki

The Following I got it from IMMIHELP.COM: It details everything.

Adjustment of status applicants whose have used EAD card because their 6 year limit on H/L visa has expired or by working for any other employer other than sponsoring employer are no longer in their non-immigrant status. It allows them to travel abroad and return to the U.S. without a visa.

Advanced parole can be applied by filling I-131 Advance Parole(Travel Document). It can be filed either along with the adjustment of status application or after that. The current filing fee is $110 payable by check/money order and payable to your regional service center (e.g., BCIS-VSC). If the applicant didn't apply for Advanced Parole at the time filing AOS application, and he/she genuine emergency need to go temporarily out of US, and he/she can prove that, then he/she can go to nearest BCIS office and get it immediately(may be on the spot or within 2-3 days.)

Advanced Parole(Form I-512) for adjustment applicants will be issued valid for a period which coincides with the time normally required for completion of an adjustment application not to exceed one year. (It means that is valid for one year looking at the current status of adjustment of status processing.) It is usually valid for multiple entries. The approved Advanced Parole form is called I-512 and usually three copies of them are given. One copy for the applicant, one copy for the BCIS at the port of entry and one for the airline(so that they let you board the plane with out other valid visa.) First time you travel, you give the appropriate copies to airline and BCIS, and BCIS will stamp your copy. Subsequent times, you can just show your copy and travel.

Any adjustment of status applicant who leaves the U.S. without advanced parole is automatically con sired abandoning his/her application for adjustment of status. Such a person will generally not be allowed back in the U.S. The person would have to do consular processing while remaining out of US. This applies to going to any place outside US, even going to Canada(Even Canadian Niagara Falls) or Mexico or places like Bahamas. (This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H/L status.)



Friends, I would appreciate your views:

1: How many times can I travel on AP which is valid for one year.

2: I have received 3 copies of AP. Do I have to use different copy every time?

3: While applying for AP, there was a column asking when do I intend to travel....Is it necessary to travel during that particular time of the year only ( My AP approval form does not say anything about the period)?

Thanks....
 
Thanks !

Thank you so very much for the details K_P_K

I really appreciate it!

 
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Which one should I beleive

my I 140 RD dates and processing dates are different on online and on the receipt I received

Online
RD 2/5/03
Processing time 90-300 days

Receipt

RD 1/15/03
ND 2/5/03
Processing time
90-180 days

Also, someone told me that they process I 485 based on the date labour was filed, is this true? pls let me know thanks:p :confused:
 
Received EAD & AP

PD: 12/03/2001 (RIR - Boston)
Concurrent filing

I-140/I-485/EAD /AP Mailing Date (MD) - 01/15/2003
I-140/I-485/EAD /AP Notice Date (ND) - 02/06/2003

I-140 - EB2

EAD AD: 03/26/03
AP AD: 03/28/03

FP Scheduled Dt: 03/28/03
FP Completed Dt :03/01/2003


Updated excel file.
 
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