Legal status while I-485 is pending

M

MPHILIP28

Registered Users (C)
Gurus,

I have filed my I 485 in TSC sometime in July 2001. I have changed employer after 180 days from ND date of August 2001.

My H1 visa have expired on April 2003 and I have not extended my H1 because I have used my EAD to work with my new employer.

Sometime last week while travelling from a town close to the border(Inside US). I was stopped by Border officer and asked me for a proof of legal status. I have shown my EAD card and my receipt notice but the officer asked me to come down from my car and come with him in there office for further verification of my status. They have entered all the information I have provided them to there computer and was able to verify that my EAD and my 485 receipt notice is in order except that my H1 visa is expired and that I am in violation of my status. They have fingerprinted me and the officer have told me that I will be sent to there detention camp.

After about 10 to 12 hours waiting they have told me that they will no longer sent me to the detention camp but rather they will give me an NTA(Notice to Appear) which is actually a removal order and I would need to appear in front of immigration judge.

My question are:

1) Is the officer correct in saying that I am in violation of my status, although, I have a pending 485 application ?

2) Later, the officer have told me that the NTA will help in speeding up my 485 process since the judge will just decide to extend my H1 visa and probably approve my case. Is this statement correct ?

3) Will the NTA affect my I-485 application ?

4) Am I in a lot of trouble here ?

Thank you for reply.:confused:
 
Sorry to hear about your experience.

As far as I understand ( I'm not a lawyer), as long as your 485 is pending, you are in legal status( your status is 485 pending).

Did you talk to your immigration lawyer?
 
Not yet, I am trying to find a good immigration lawyer in Houston that will represent me on my hearing date.

Thanks.
 
Got it, sorry to heart your experience

We are sorry to hear your experience.
Although, As per me, you do not appear to be doing any thing wrong and your case does not appear to be of out of status. EAD/AP are another form of H1 for a day to day basis after H1 expires. Several of us are on this status or going to be very soon. Probably you will never receive any complain from them regarding a notice for removal from this country. Although not required, probably you needed to have your AP with you and those people were looking for something like that.

Hope every thing settles down for you.
 
Sounds like a case of an over zealous officer. Your 485 is pending and you have a valid EAD. If this doesn't demonstate in status, then I don't know what does.
 
Originally posted by w8nc
Sounds like a case of an over zealous officer. Your 485 is pending and you have a valid EAD. If this doesn't demonstate in status, then I don't know what does.
Click to expand...

The EAD does nothing to demonstrate status. Only the pending I-485 does.

At the hearing, you are eligible for relief by asking the Immigration Judge to adjust your status on the spot. Get a good attorney who handles Immigration Court appearances and life should be simple.
 
I have explain to the officer and to there supervisor in charge that since I have a pending I 485 I am in legal status. But the supervisor in charge have argued that there is a new ruling that I 485 receipt notice and EAD alone is not a proof of legal status. One must have a valid H1 to be in legal status according to the officer. I have search the internet for the new ruling that the supervisor have been telling me but I cannot find any.

I have post this message to also warn everybody for a potential problem when stop by border officer.

Thanks for all your replies.
 
The EAD does nothing to demonstrate status. Only the pending I-485 does
Click to expand...

What are we suppose to use as documentation to demonstrate that we are in status? My L1 expires this summer and cannot be renewed as I have been on L1 status for 7 years. Also, I do not have my 485 receipt, nor do I have a copy of it since USPS failed to deliver it to me and BCIS will not reissue it (returned by USPS to INS as undeliverable). All I have is my EAD and AP. :confused:
 
did you have your ap

Maybe they are talking about the travel document. ead is not a valid travel document. I think that is the issue here but for all you know this might work out to be good.
Take a good lawyer and you might even get gc on the spot
 
This is bull...t!!!

I have never had an Hi-B...I got my I-140 approved via extraordinary ability, so what would I show...I have no "visa", just EAD, AP, and I-485 receipt...and I am in status based on my I-485 receipt...something here doesn't sound right...is this a true story?...I have never heard of someone being stopped inside the U.S...you could be a visitor from Canada with no status!
 
Mphilip, can you tell us where were you?
Thanks for telling us your story, it would be a good idea for rest
of us to avoid going close to any such places.
Another friend of mine had a similar experience near Padre Island. he was valid H1 but he was not carrying his passports & had no intention of crossing the border
yet they detained him for 8 hours.

Mphilip, I suggest you shd give your case to a good immigration attorney.
Some names I could suggest to you are - Rahul Reddy, George Wiley, QBP, Harry Gee.. etc.
 
My SRC number 01-251-XXXXX
ND August 2001. I am one of those filers that belong to March 2001 - Sept 2001 when INS was changing contractor on their mail room which resulted in delay of sending receipt notices. I am not a Canadian visitor as you alleged.

I am posting this message to seek advise and probably inform members who have pending 485 to be very careful when travelling to a Texas town that is close to border. They might be probably stop by border patrol and might result in a problem.

In fairness to the Border officers, they have explain to me that they are doing this becuase of the 9/11 and the recent incident that resulted in the death of 19 illegal that have been cramped in a trailer truck on the way to houston. Some of officers that I have talked to are even professional and courteous and they have told me that they are just doing there job.
 
Wider ramifications???

Even I had my visa expired on Nov 2002, and am working by virtue of EAD/I-485 pending/AP. If suppose, I make a visit to my country, will I be stopped at the Port of Entry, or even at the transit point? That just doesn't make sense, because many other folks in this forum have given pinkish accounts of having absolutely no problems travelling with their EAD/AP.:confused:
 
goastros,

Yes, I believe this is the same place from where your friend have been stopped. I also came from South Padre Island(on short vacation) on my way to Houston.

I will talked to the Lawyers that you have suggested and see who have the expertise to handle this kind of case.

Thanks.
 
SydneyRacquelle,

Ofcourse they can stop you inside US. If you have ever travelled through ElPaso (Texas, bordering Mexico), you would have experienced it. Legally you are supposed to carry documents that identify your status in US. I don't know what you mean by "You could be a visitor from Canada with no status", but if Canadians don't need a visa to be in this country, they at least need to show something to prove that they are Canadian(may be Canadian passport).

Yes, EAD does not prove your legal status, you need to have I485 receipt notice and/or AP to prove your legal status.

Having dealt with some INS jerks before, I have no doubt about MPHILIP28's experience.

MPHILIP28,

There was a thread earlier in this forum about attorney recommendations in Houston. You may want to check it out.
 
FYI
Canadian visitors don't require a visa or a passport, but they do need photo ID, most likely a drivers license.
 
Re: Wider ramifications???

Originally posted by poongunranar
Even I had my visa expired on Nov 2002, and am working by virtue of EAD/I-485 pending/AP. If suppose, I make a visit to my country, will I be stopped at the Port of Entry, or even at the transit point? That just doesn't make sense, because many other folks in this forum have given pinkish accounts of having absolutely no problems travelling with their EAD/AP.:confused:
Click to expand...

You're confusing documents used to enter the country, with documents used to prove legal status.

If you have AP, that is a re-entry document. You can present it at the POE, and they will admit you. At that time, they will give you an I-94 which is your legal proof of status. See the difference now?

An EAD is neither a re-entry document nor a proof of status document. It merely allows you to work.

What gets complicated is when the original I-94 has expired but legal status is preserved by the I-485 filing. Most INS officers do not understand that an I-485 filing preserves legal status, so you get an NTA. The good part is that since relief is available to you, you should be able to ask the Immigration Judge to adjust your status on the spot.

Hmmmm.... I'm almost thinking that I should wait for my I-94 to expire, and go down to the BCIS building on Fulton Street and ask to be arrested. :)
 
Wider ramifications???

TheRealCanadian:

When I say H1-B is expired, it also means that the I-94 is expired. Now, does that mean, I am also "vulnerable," as MPhilip28 is? The point, why I am raking this is because I want to assess the "threat level," for leaving this country only to be caught under a flimsy ground as MPHILIP28 was caught!!
At that time, they will give you an I-94 which is your legal proof of status. See the difference now?
Click to expand...
Let me see, if I got it right. So do you mean to say, that right now, with my expired I-94, I may well be harassed by some ill-informed agents, whereas if I do make a successful trip outside this country and get a I-94 stamping by virtue of AP, then I may not be subjected to such harassment? Whoa!
 
poongunranar:

Since you say your H1-B & I-94 has expired too and you are working with EAD & have a AP for re-entry, You are in same "Vulnerable" situation as MPhilip. Same goes for me.

what Realcanadian is saying at PoE, we can use AP to re-enter the country.
But in this case Mphilip & my other friend were inside US & my friend had no intention of crossing to Mexico. Yet they were detained.
( I have heard this abt Sth Padre & now dinnu says abt El paso).

w8nc:

I am sorry to know you don't have your pending I-485 receipts.
Not worry you but if ever anything like what happened to Mphilip happens to you, you will have to somehow get the receipts from BCIS.
 
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