Mr.Rajiv Can you please comment? - GC ALMOST 10 Years ->can I travel out of USA

M

mka2005

Registered Users (C)
Here is my case details:

Original LC- non concurrent
EB3/India/Labor PD:Nov-1999
I-140 AD : Jun-2000
I-485 ND : Oct-2004
EAD1 AD : Dec-2004
AP1 AD : Dec-2004

FP-code3 : 3/25/2005
RFE date: 5/3/2005
1) I-94
2) EMPL letter from I140 Filing company (emplyrs interest in hiring, remuneration & job desc )
As such I was working of different company, I got the letter and I filed AC221.
-REF Reply Date: 06/15/2005

-Case Transfer to Newark on : 07/11/2005
-InfoPass Appt to verify the receipt of file at Newark, NJ on 08/11/2005
-According to the officer my case transfered to Cherry Hill

-Got interview letter from Cherry hill, NJ, asked for Spouse Birth certificate-provided in 3 months.


EAD2 AD : Nov-2005
AP2 AD : Nov-2005
EAD3 AD : Oct-2006
AP3 AD : Oct-2006
EAD4 AD : Oct-2007
AP4 AD : Oct-2007

-InforPass: Nov 2007: Namecheck cleared, FP expired. Old FP over 15 months, IO requested for FP Dec 2007. FP done Dec 2007 and waiting for more verification.

Letter to Congress man to find out the case, got reply from USCIS saying that USCIS sent Two way memo to home country(us consulate - may take upto one year as per USCIS )

EAD5 AD : Aug-2008
AP5 AD : Aug-2008

- Attorney submitted CIS Ombudsman form DHS7001 on May 2008)
- Received reply from Ombudsman office on Jul 2008 saying that all clear but no visa available

- On Oct 06 2008 Infopass - gave the Ombudsman office letter to front desk and explined out of US for business trip for 8 weeks. she said I will put a note to IO, and she does not know how long it will take make decision.

I have asked Congress man to find out about my case recently, Is anything pending which will take another year, So that I can pecefully travel for 8 weeks for my Business Trip.

->>#1. I am planning to travel between Oct 22 till Dec 24 for business trip.

->>#2. Is any one got similar experience : Your I-485 case adjudicated (made decision) during the period when you were away from US? If, yes, Is it positive OR negative?(denial)
If positive did you face any issue while entering to US, (There is no issue from forum postings)

if negative?(denial) did you face any issue while entering to US, how did you solve that issue? and what you have done?
Please share who had similar exprience.

->>#3. What other steps that I can do for speed up the I-485 decision??(before I travel)

->>#4. any better idea's please post here

Thank You
mka2005
 
Last edited by a moderator:
What if they make unfavorable decision on I-485 during my absence in USA

Thanks, Yes, I can travel using AP. Last time 2006 I used AP (pending name check), But now my case is Ok to make decision including availability of visa for EB3.

--What if they make unfavorable decision on I-485 during my absence in USA?

-- I will be away almost 9 weeks for business trip from Oct 20, 2008 till Dec24, 2008.


Thanks
mka2005
 
mka2005 said:
Here is my case details:

Original LC- non concurrent
EB3/India/Labor PD:Nov-1999
I-140 AD : Jun-2000
I-485 ND : Oct-2004
EAD AD : Dec-2004
AP AD : Dec-2004
FP-code3 : 3/25/2005
RFE date: 5/3/2005
1) I-94
2) EMPL letter from I140 Filing company (emplyrs interest in hiring, remuneration & job desc )
As such I was working of different company, I got the letter and I filed AC21.

-REF Reply Date: 06/15/2005
-Case Transfer to Newark on : 07/11/2005
-InfoPass Appt to verify the receipt of file at Newark, NJ on 08/11/2005
-According to the officer my case transfered to Cherry Hill
-Got interview, asked for Spouse Birth certificate-provided in 3 months.
- Name check pending till Oct 2007
-InfoPass, Two way memo send to home country(us consulate- may take upto one year as per Congress man)
- Attorney submitted CIS Ombudsman form DHS7001 on May 2008)
- Received reply from Ombudsman office on Jul 2008 saying that all clear but no visa available
- Today (Oct 06 2008) Infopass - gave the Ombudsman office letter to front desk and explined out of US for business trip for 8 weeks. she said I will put a note to IO, and she does not know how long it will take make decision.

->> I am planning to travel between Oct 22 till Dec 24 for business trip. Is it advisable to travel at this point of time?

->> What other steps that I can do for speed up the I-485 decision??(before I travel)

->> any better idea's please post here

mka2005
Click to expand...


Are you under 245(i)?
 
i think you should hold off your travel plans if you are concerned of 485 rejection(not sure why you think it will be rejected). A long trip on AP is anyway not a good idea. changing to consular processing is too late.
 
What if favorable decision on I-485 during my absence in USA?

Another Question:

What if I get favorable decision on I-485 during my absence in USA?
(If they approve I-485 during my absence in USA - I am travelling with AP)

Thanks
mka2005
 
you are good to enter using AP. or you can ask your friend to mail you the card. but as i told you earlier DO NOT make long travel plans. AP is not for vacation. it is only for emergency travel and I heard stories (often) that they grill you at the airport if the purpose is not emergency. you are pretty much at the mercy of the IO.
 
Not a vacation it is business trip only.

Thanks, Not a vacation it is business trip only.
 
My personal experience on two trips on AP was not that, One for 4 weeks the other one for 3 weeks, It was fine, no additional question, none

desi2007 said:
you are good to enter using AP. or you can ask your friend to mail you the card. but as i told you earlier DO NOT make long travel plans. AP is not for vacation. it is only for emergency travel and I heard stories (often) that they grill you at the airport if the purpose is not emergency. you are pretty much at the mercy of the IO.
Click to expand...
 
mka2005 said:
Thanks, Yes, I can travel using AP. Last time 2006 I used AP (pending name check), But now my case is Ok to make decision including availability of visa for EB3.

--What if they make unfavorable decision on I-485 during my absence in USA?

-- I will be away almost 9 weeks for business trip from Oct 20, 2008 till Dec24, 2008.
Click to expand...

What if they reject my I485, what if they approve it what, what and what. So, what is the difference if they deny your I-485 while youe are in the states or overseas, the same outcome; you should be out. Take one action at a time, if you have pending I-485 you can have vaid AP to travel and that is it.
 
Don't you think, AP is for travel

Hi mmed,

You do not need to explain about AP. Every one knows AP is for travel purpose only, I have asked comments from persons who had similar experience such as I-485 decision during their absence in the country.

If you do not have similar experience, you do not need to reply.
 
mka2005 said:
Hi mmed,

You do not need to explain about AP. Every one knows AP is for travel purpose only, I have asked comments from persons who had similar experience such as I-485 decision during their absence in the country.

If you do not have similar experience, you do not need to reply.
Click to expand...

I do have experience, and I had AP with pending I-485 before and I know that my I-485 could be denied, approved or RFE could be issued while I was overseas and anyone with pending I-485 have the same probabilities. And even after GC with each time I come back from overseas (last time 2 weeks ago), I go through secondry inspection and I usually lose my flight connection and I think there may be others (sitting next to me in secondary inspection) with action taken in their pending applications while overseas and many many others just travel and come back very smoothly.
 
mmed please try to understand

Hi mmed,

Please try to understand,

#1. Is your I-485 case adjudicated (made decision) during the period when you were away from US? If, yes, Is it positive OR negative?
If positive did you face any issue while entering to US,
what if negative? did you face any issue while entering to US, how did you solve that issue? and what you have done?
this is what I am expecting from people who had similar exprience.


#2. I had also travelled 2 times with AP, away from US when my name check was pending. (I was sure namecheck will not clear in 2 weeks time during my 2 weeks travel. Now name check aslo cleared nothing pending on my case)

thanks
 
mka,

mmed is right. If you need to travel - just travel. You have valid travel documents and that's that.

Have faith. With this post, I notice that you are very meticulous. So, I am certain that you did submit a complete and proper application package. Your NC is clear. What possible reason could they have to deny your application?

Go, take the trip and have a safe journey back.
 
mka2005,
you worry too much. the point is AP can be used to enter as long as your 485 is pending/approved. if you are going to ask people to list their experiences, it might be misleading. you may be able to see people with 485 rejected still got into the country with AP. see these are exceptions. what mmed talked was the general rule. if you worry on a general rule, how you will be comfortable with those exceptions. if you plan to go just go. if you were so careful, you could have tried to keep your H status alive. bottom line is too much worrying get you no where.
 
Did any one got I-485 denial when you were away from US?

Thanks desi2007,

From the forum postings, If AOS approved during the absence in US no issue.
But what if AOS denied when away from US. (I do not think so, beacase, I have provided all required docs. 99.99% should be OK).

I have no valid H1 visa.

Can I still enter to US using AP, when my I-485 denied?
OR
I need to file motion to open the case out from US?

Thanks
mka2005
 
mka2005 said:
Thanks desi2007,

From the forum postings, If AOS approved during the absence in US no issue.
But what if AOS denied when away from US. (I do not think so, beacase, I have provided all required docs. 99.99% should be OK).

I have no valid H1 visa.

Can I still enter to US using AP, when my I-485 denied?
OR
I need to file motion to open the case out from US?

Thanks
mka2005
Click to expand...


One of my friends had similar situation. He went to Barbados for short visit came back and found his I-485 was denied because of the I140 revocation .Initially they did not allow him in side. After 8 hours of holding they allowed with 15 days Humanitarian parole. He came in and applied for MTR. MTR is accepted for him. It was an AC-21 case.
 
As I mentioned earlier, in your case leaving the country on AP for long is not good idea. If 485 is rejected there is no validity on the AP. DO NOT make long travel plans. you will have to convince your business to make the trip short.There are 1000's of people like you postponding those visits on AP (just for the GC).Thats another part of this sad GC journey.
There is risk. you dont want to be the one begging on the airport for re entry.
 
number30, can you please ger more details on your friend's case?

number30,

Thanks, can you please give more details on your friend's case?

Thanks
mka2005
 
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