Please help !! I am travelling in Advance Parole (AP), I485 pending, H1B, I94 expired

S

sanops

Registered Users (C)
Hi,
My company have applied I140 in Sept, 2002.

I have my passport stamped with old visa which is valid until Feb 28, 2003 and it has expired by this time.

I have my current company's visa in my hand which is approved until Feb 15, 2004.

I came from India after a short trip of two weeks on 17th Dec, 2002. At the port of entry, they gave me I94 till 28th feb, 2003 even after showing my current company's approved VISA which is valid till 15th feb, 2004.

When I informed this to my company, they filed my I485 on Jan 2003(pending I140). They did concurrent filing.

Now my current I94 has expired after 28th Feb, 2003 and I an still in this country.

Based on the I485 applied on Jan,31,2003, I got my EAD & Advance Parole in last month.

I want to travel to India for an urgent family condition. What should I do now?? Can I come back to USA just showing my valid AP ?? Or they will not let me enter into USA??

I also do not know whether I am in legal status or not, since my I94 has expired.

Please advice....


Thanks
 
You are in legal stutus

Sanops,

You are in legal status. The very fact that you have filed I-485 means that you are in status. You can travel on AP/EAD and return to the US. However, I dont think you can return on your visa.

You should, of course, seek legal opinion. I am not a lawyer.
 
I am an example of AP user

Do not worry. I am in the same boat. I recently went to India
and came back on AP without any problems. It is only that you will have to go through a ssecondary inspection which takes some time...

Have a safe trip and enjoy!!!
 
Hi,
Thanks for the suggestion and quick reply from you guys. Now since my I94 has expired, what is my current I94 that will be considered????
I have no valid I94 now.....
My I94 expired on 28th Feb, 2003.
But my company applied I485 on January.
So what is my valid I94 now????
Thanks
 
Hi

In your new approved H1 bottom portion you can see new I-94 that is your new I-94. Once you come with AP your new H1 will be invalid. You can do one thing travel to India and stamp the new VISA in india if you still want to be in H1B until greencard comes. Anyway take suggestion from attorny.
 
Hi,
My new I94 was at the bottom of the H1B. But After I travelled in the India I got a new I94 while returning. And that is valid till 28th feb, 2003. Now this has expired . So am I in Legal status???
 
As far as I know you are in legal status because you have approved H1 until 2004. If you want to continue on H1 and you want to travel outside the country then you have to send for Visa stamped(st. luies i think). or You can get it stamped it in India.
If you want to continue in EAD/AP then you don't have to do any of those steps but you have to give your EAD information to your company. (I think they need to file for I-9).
Before you do anything consult with attorny
 
Thanks for your reply.

Even if I have my EAD, my company has not withdrawn my H1B till now.

If my company withdraws my H1B and put me in EAD, does it mean that I do not need a valid I94 now??

Or do I get a new valid I94 in the process of withdrawing my H1b by my company?

Also if my company withdraws my H1b and I am on EAD, then can I join a new company when I get laid off by my current company??

The fact is that my current I94 has expired on 28th Feb, 2003.

Also it is very difficult to get H1b stamp in India when I am at I485 status.


Please help
 
Originally posted by sanops
Thanks for your reply.

Even if I have my EAD, my company has not withdrawn my H1B till now.

If my company withdraws my H1B and put me in EAD, does it mean that I do not need a valid I94 now??

Or do I get a new valid I94 in the process of withdrawing my H1b by my company?

Also if my company withdraws my H1b and I am on EAD, then can I join a new company when I get laid off by my current company??

The fact is that my current I94 has expired on 28th Feb, 2003.

Also it is very difficult to get H1b stamp in India when I am at I485 status.


Please help
Click to expand...

Your Company doesn't require to withdraw your H1. As soon as they put you on EAD your H1 will be Invalidated. You can join other company as long as you have approved I140 and I485 applied 180 days prior to your change(based on AC21)
 
Sanops:

Why are you so skeptic about your status. I saw you asking same question over and over again beating round the bushes.You are absolutely legal.Once you use your AP your H-1 visa is automatically invalidated.No offense my friend ..... Just trying to boost your morale.One does not have to be a lawyer to say these things with authenticity.The members of this forum also have done some research over the years toiling for GC.Just calm down and wait for your GC while you work on EAD and travel on AP.Nothing will stop you.So don't worry.Good Luck.
 
Thanks for your reply once again. Now everything is clear to me.


One more question about completely different area....

My employer has filed my I140 on sept 18th, 2002(it is still pending).
They filed my labor in EB3 category and it was cleared.
Now they again filed I485 (concurrent) on Jan, 2003.

I saw in this immigration.com portal, that INS vermount center is taking this thime frame to process I140.

I-140 Immigrant Petitioner for Alien Worker E11 05/01/2002
I-140 Immigrant Petitioner for Alien Worker E12 05/01/2002
I-140 Immigrant Petitioner for Alien Worker E13 08/01/2002

Which category do I fall ???

Thanks Santanu
 
This is my understanding of the Categories.

I-140 Immigrant Petitioner for Alien Worker E11 == Priority Worker - Extraordinary Worker
I-140 Immigrant Petitioner for Alien Worker E12 == Priority Worker - Outstanding Professor/Researcher
I-140 Immigrant Petitioner for Alien Worker E13 == Priority Worker - Multinational Manager/Executive
I-140 Immigrant Petitioner for Alien Worker E21 (National Interest Waivers: 5/18/2002) == EB1
I-140 Immigrant Petitioner for Alien Worker E31 == EB2
I-140 Immigrant Petitioner for Alien Worker E32 == EB3

So to answer your question, for EB3, you should be looking at the processing times that say
"I-140 Immigrant Petitioner for Alien Worker E31, E32, EW3 (Nurses: 4/24/2003)" - Currently Processing 9/16/2002

Please do correct me if I am wrong :-)
 
Can anyone tell me the timeframe of when I can expect the I140 approved. My company applied the I140 on Sept 18th, 2002.
FYI:- My company applied my labor in Eb3 and after it got approved they applied the I140 onSept 18th(the receipt date says so).
 
Can anyone tell me the timeframe of when I can expect the I140 approved. My company applied the I140 on Sept 18th, 2002.
FYI:- My company applied my labor in Eb3 and after it got approved they applied the I140 onSept 18th(the receipt date says so).

They applied it at INS vermount center
 
Can anyone tell me the timeframe of when I can expect the I140 approved. My company applied the I140 on Sept 18th, 2002.
FYI:- My company applied my labor in Eb3 and after it got approved they applied the I140 onSept 18th(the receipt date says so).

They applied it at INS vermount center
 
sanops,
There is edit button and there is a delete button within edit. You could edit/delete them after a little typo or mistake. Please do so, to keep the threads under control by their size.

Coming to your question, Your's should be approved anytime now. You did not mention ur ND. EB3 is past your ND and your case could be with one of the IIOs. By the way, did you file your I-485 along w/ I-140 or is it just I-140.

Good Luck.


Originally posted by sanops
Can anyone tell me the timeframe of when I can expect the I140 approved. My company applied the I140 on Sept 18th, 2002.
FYI:- My company applied my labor in Eb3 and after it got approved they applied the I140 onSept 18th(the receipt date says so).

They applied it at INS vermount center
Click to expand...
 
1993Megh
I think E21 is EB2 (that's what my lawer told).
E31 is EB3 I suppose.
Thanks

Originally posted by 1993Megh
This is my understanding of the Categories.

I-140 Immigrant Petitioner for Alien Worker E11 == Priority Worker - Extraordinary Worker
I-140 Immigrant Petitioner for Alien Worker E12 == Priority Worker - Outstanding Professor/Researcher
I-140 Immigrant Petitioner for Alien Worker E13 == Priority Worker - Multinational Manager/Executive
I-140 Immigrant Petitioner for Alien Worker E21 (National Interest Waivers: 5/18/2002) == EB1
I-140 Immigrant Petitioner for Alien Worker E31 == EB2
I-140 Immigrant Petitioner for Alien Worker E32 == EB3

So to answer your question, for EB3, you should be looking at the processing times that say
"I-140 Immigrant Petitioner for Alien Worker E31, E32, EW3 (Nurses: 4/24/2003)" - Currently Processing 9/16/2002

Please do correct me if I am wrong :-)
Click to expand...
 
:)

EB1=== INCLUDES-
140 Immigrant Petitioner for Alien Worker E11 == Priority Worker - Extraordinary Worker
I-140 Immigrant Petitioner for Alien Worker E12 == Priority Worker - Outstanding Professor/Researcher
I-140 Immigrant Petitioner for Alien Worker E13 == Priority Worker - Multinational Manager/Executive

EB2=== INCLUDES
140 Immigrant Petitioner for Alien Worker E21 (National Interest Waivers: 5/18/2002)

EB3=== INCLUDES
I-140 Immigrant Petitioner for Alien Worker E31
I-140 Immigrant Petitioner for Alien Worker E32

I hope this helps
 
Thanks for your reply. It helps me a lot.

Just one more question:-

My I140 have the ND on 18th Sept, 2002. I have filed my I485 on Feb, 2003. More specifically, the mailing date was 02 feb, 2003 and notine date on the receipt is april 30, 2003.

But my employer filed all the EAD, AP and everything got approved. I also went for finger printing on may 15th.

Now the question is:-

If after my I140 is approved and I want to change my company when can I do that? After 180 days of the recipt date of I485 or after 180 days of the notice date of I485???

Or can I change my job at all??
Please let me know
Thanks
 
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