Questions based on pending 485 ...

[fast_gc_seeker]

Mine and my wife's 485 is pending. We both have AP's valid until mid of next year. We are planning to return back to India for some personal reasons.

Lets suppose USCIS approves my GC next year and I'm NOT in US ...

1) Will approval notice just go to address on file?
2) what will happen if I dont go for passport stamping will I still get plastic card?
3) will my employer be able to apply for 'fresh' H1 application some time in future? or will USCIS consider my GC to be abandoned and never issue me any US visa?

 

[fast_gc_seeker]

any comments on this 'gurus' ?

 

[c514468]

I'm not a guru, but here's my comment:

1) Probably
2) They probably won't stamp your passport since it's an old procedure. They will mail you a fingerprint request to collect your biometrics. They won't issue you a green card until they have your biometrics.
3) As soon as your 485 is approved, you are an immigrant. So, you won't be able to get H1 visa.

 

[fast_gc_seeker]

3) As soon as your 485 is approved, you are an immigrant. So, you won't be able to get H1 visa.

agree.... but if I dont go for biometrics then I wont get plastic card.
which means my GC will be considered abandoned.

in that case can my employer apply for 'fresh' H1 in future?

 

[fast_gc_seeker]

any reply folks?

 

[tammy2]

any reply folks?

Yes he can apply for H1. H-1 is Dual intent visa.
Or else you can go CP. If dates are current you can come GC itself. There will six months time after the interview in case of CP.

 

[fast_gc_seeker]

Yes he can apply for H1. H-1 is Dual intent visa.
Or else you can go CP. If dates are current you can come GC itself. There will six months time after the interview in case of CP.

I'm afraid I didn't understand this. Can you please clarify.

 

[pras01]

AOS vs. CP

You could convert your AOS to CP (Consular processing). For CP, you can stay in India and show up for interview at the American embassy when they call you and get your stamp. CP is faster and simpler. But you would need to withdraw your AOS (I-485) before you file CP. You can do all the steps yourself for CP after you take opinion from an immigration lawyer or do your homework on CP by any other means. CP is consistent with H1 visa. So you could be working in USA on H1 visa and still have CP going on in India. You just won't get EAD and AP as you do with AOS. That is the only advantage of AOS.

 

[fast_gc_seeker]

will my employer be able to apply for 'fresh' H1 application some time in future? or will USCIS consider my GC to be abandoned and never issue me any US visa?

can somebody please answer above question....

lets consider my 485 is approved next year and I dont show up for biometrics. per others comments my 485 will then be considered as abandoned. If this is true then lets suppose my employer in India wants to apply for B1 or H1 or L1 will this be honored or USCIS will never issue me any US visa because I abandoned my GC?

 

[fast_gc_seeker]

any comments gurus?

 

[tammy2]

I'm afraid I didn't understand this. Can you please clarify.

You will get H1 because it is dual intent.

Insted of coming here on H1 you can go for CP in India itself with this I-140 and come here green card also.

 

[pralay]

1) Will approval notice just go to address on file?

YES.

2) what will happen if I dont go for passport stamping will I still get plastic card?

Nowdays in many cases, it's not required to go for stamping. They send plastic cards directly.

3) will my employer be able to apply for 'fresh' H1 application some time in future? or will USCIS consider my GC to be abandoned and never issue me any US visa?

Well, if USCIS is under impression that you are LPR, they can deny fresh new H1 petitions. USCIS is notorious for this kind of mistakes. To avoid this, you/your lawyer should write to USCIS and withdraw pending I-485s. Even if your I-485 approvals come through meanwhile, your attorney/you should contact to USCIS again and declare that you have abandoned your AOS. Keep documented proofs of all the communications - copy of all the letters, proof of certified posts/couriers.

Once you withdraw I-485, ideally there should not be problem for future H1s or L1s for you. H1, L1 are dual-intent visa. So, past intent of being LPR will not cause any problem. In case for future H1 petitions USCIS or consulate says that you are a LPR, then you can show all the documents to prove that you indeed abandoned your I-485 in past, therefore you are perfectly eligible for new H1s.

 

[tammy2]

Nowdays in many cases, it's not required to go for stamping. They send plastic cards directly.

FP notices come with codes. If code is 3 then you need not go stamping because they index finger printing at the time FP. If some people are still getting with code 2. Those people need to go for stamping to obtain a card.

 

[sonpapdi]

FP notices come with codes. If code is 3 then you need not go stamping because they index finger printing at the time FP. If some people are still getting with code 2. Those people need to go for stamping to obtain a card.

I don't see any codes printed on I-797C. However they did take the index finger printing

-Sonpapdi
Stuck in Namecheck from Aug152004

 

[fast_gc_seeker]

Well, if USCIS is under impression that you are LPR, they can deny fresh new H1 petitions. USCIS is notorious for this kind of mistakes. To avoid this, you/your lawyer should write to USCIS and withdraw pending I-485s. Even if your I-485 approvals come through meanwhile, your attorney/you should contact to USCIS again and declare that you have abandoned your AOS. Keep documented proofs of all the communications - copy of all the letters, proof of certified posts/couriers.

Once you withdraw I-485, ideally there should not be problem for future H1s or L1s for you. H1, L1 are dual-intent visa. So, past intent of being LPR will not cause any problem. In case for future H1 petitions USCIS or consulate says that you are a LPR, then you can show all the documents to prove that you indeed abandoned your I-485 in past, therefore you are perfectly eligible for new H1s.

Thx for these comments...

what is LPR?
If I dont withdraw my pending I-485, will there will be problems in fresh H1/L1/B1?

also my current AP is valid until July 06. If I keep all documents ready can somebody apply for my AP even if I'm outside US?

 

[pralay]

what is LPR?

Lawful Permanent Resident (i.e GC holder).

If I dont withdraw my pending I-485, will there will be problems in fresh H1/L1/B1?

Technically it should not cause problem for H1 or L1 - once you declare that you have abandoned your AOS. However, as I said USCIS is notorious for mistakes and lack of follow-ups.

B1 is totally different ballgame and can be difficult to obtain in certain scenario. However, in many cases people with past immigrant intent get their B1 visa based on their credentials as businessmen (company manager or owns his/her business), company name and track record.

also my current AP is valid until July 06. If I keep all documents ready can somebody apply for my AP even if I'm outside US?

No, they cannot.

 

[fast_gc_seeker]

Technically it should not cause problem for H1 or L1 - once you declare that you have abandoned your AOS. However, as I said USCIS is notorious for mistakes and lack of follow-ups.

Thanks for your comments pralay. quick question based on above comment...

I'm aware that if I withdraw my 485 then it should not be an issue but
if I dont withdraw my pending 485, should it create issues for new US visa [any category]?

 

[pralay]

I'm aware that if I withdraw my 485 then it should not be an issue but
if I dont withdraw my pending 485, should it create issues for new US visa [any category]?

It's difficult to assure you - considering the fact sometimes people had to go through enormous hassles to correct a simple wrong date that is put by POE officer mistakenly. USCIS is always notorious about it.

Technically, there should not be any problem once you abandon your AOS. When you apply for new visa, you can declare that you abandoned your AOS on so-and-so date (by showing your air-ticket and various receipt for relocation - for example, shipping receipts) and never entered USA after that (even if your I-485 was approved meanwhile).
I am not sure why you don't want to withdraw your I-485. I guess you want to keep the option open - in case I-485 gets approved meanwhile. But you should know that you can keep the option open only if your AP is valid and your GC job offer is still available for you (or alternate offer with AC21). If any of these two items is missing, your I485 pending status or approval status is irrelvent.