RD 9/15 Approved but another issue now

ThakurSahab interesting quote

ThakurSahab, Can you tell me source of that information? To me that seems that anyone with AOS application approved can get in if they have proof of approval. Is that correct?

Also I agree with bakshi and others regarding my best bet to call het early.

But I would still like to explore all possible options available and associated risks. I am waiting for monday morning to call my lawyer. I will surely post whatever she says.

dec11thRD, Have you recd your approval? When does ur EAD Ap expire?
 
My details

Tanatan:
My wife's and mine Issued on EAD:01/01/2002 and AP:01/01/2002. My RD: dec 11, 2001.

I didn't get my approval yet.

When i spoke with attorney, she said my wife can come before AP expiry date. My wife never activated her EAD.

She said she is fine.
 
TANATAN --- My openion

It doesn't matter whether the GC Individual:

1. Staying in India or in America at the time of approval.

2. Getting stamped in American consulate in India or American consulate in USA...

These things never matter when you have every thing in hand with proper documentation. They may ask for proof... that's it.

My feeling: The law will not disturb your personnel life until unless your approach doesn't disturb the law.


I strongly believe, The GC individual can go to US consulate in Chennai and get it stamped. If they can't, then they will ask you to go to USA and get GC. Then you can think of spending money for AP or H4...etc. (I am 100% positive, you will get GC stamp in madras itself.).

My experience with H1B: I got first time H1B approval (by that time I was not in their records) when i was in London. Means I should go to US consulate in London as per every body says. But I went to India on some job and i got my stamping in chennai, India.

Sit tight every thing you will find soon....

Please welcome your suggestions / comments....


:cool:
 
Stamping for H4 is different than stamping for AOS

dec11thRD, No disrespect but I do not agree with you on this.

The stamping you described is for H1b and basically it is just a visa stamp based on your H1b approval. In this case you may change consulates although not advised. However In stamping for AOS you do not get any visa but it is actually an unsophosticated looking stamp. important thing is that they initiate the process of your actual green card(plastic). The consulate may be capable of doing this but I have not heard any. That would be consular processing.

I would be more likely to go to the US consulate in New Delhi for any consulate stamping. Are there any differences between workings of Chennai and Delhi consulate?

Do you have any direct knowledge of someone who has done stamping from a US consulate for an AOS approval? If yes, pls provide details.
 
Get her before the AP expires (before Nov 25th)

Hi ! Tanatan,

I am not saying anything new here, If I were you

I would get her before the AP expires in your case Nov 25th.

Talk to your attorney. (you are doing that too)

Well waiting for your update.

DM
 
Talked to lawyer just now

All,

I just spoke to my lawyer. Our conversation was incomplete and she will call me again. Following is the brief on what she told me:

According to her, the AP renewal will get rejected bcoz the I485 application has been approved. Our renewal was mailed on 10/8 and it takes them couple of days to enter in the the system and issue a receipt. It will get rejected at that stage. Our approval happened on 10/11.

No H4: She has strongly recommended not use H4 for re-entry. Because then they may consider her as not being honest and give her more trouble.

After AP Expiry: We discussed the scenario if my wife comes after the expiry of AP i.e. 11/25:
She will need to show following docs - I485 approval (original not courtesy copy), PP, Expired AP (not required).
Two things might happen depending upon the INS officer,
A) They might stamp her PP with 551 stamp which is equivalent for temp GC. That stamp may have validity for only 30 days. But she thinks that is still ok. Then she would have to go to local INS later for fingerprinting, etc.

B) They may separate her out for further questioning / investigation. At which point she would be allowed to make 1 call to the attorney. The attorney will then talk to the officer and I dont know of what will happen from that point onwards. I will prepare my attorney to be available and expect a call before hand.

I asked if she would recommend my wife's arrival b4 AP expires and she replied that that would be my personal decision and she can not help? Isn't that weird??

The above doesn't really make me feel any more comfortable. She will call me again. Can u guys help me framing specific questions I should ask her?

Tanatan
 
Tanatan,
These lawyers will confuse you more because they temselves do not have enough knowledge about immigration laws, they are good in filling out the forms and attaching supporting documents. As most people have recommended the WISE thing to do here will be to get your wife here ASAP so that you can take her for stamping, to be on safe side you may want to get yours and her passport stamped before 35 days have past your approval else your IBIS check will become void and you will have to redo it, at some place they do it on spot while at other they take few days.
If your lawyer is receptive to comments and suggestions then send her the link on H and L Regulations hand have her read that because as per INS one can safely enter back on H-4.
I went through this( for a different issue) confusion with my lawyer , she would'nt give me the original I-485 receipt because according to her it is not required if you are travelling while your 485 is pending, I argued with her but in vain, finally I mailed her this link and asked her to focus on the piece which talks about documentary requirements for readmission into US for persons with pending AOS application, after reading that she reversed her mind and mailed me the original receipt.
Before I wind up I would say instead of getting confused with these legal jargons and between INS and Attorney get your wife over here ASAP if possible, in my opinion that will be the most appropriate solution to your problem.
 
Another talk with lawyer

I actually had another talk with my lawyers and there I came to know that I had been talking to a paralegal. So I just spoke to an actual attorney.

Conversation with her was brief and she stressed that I should call her before expiry of AP (STRONG RECOMMENDATION). As travelling with expired documents is highly risky.

As far as money side of it considered, If she comes before AP expiry then it is only cost of air ticket. If she comes after expiry then I would need an attorney on standby and if the attorney was to come to the airport then that is very expensive too. The second option may be higher in cost and not to mention the hassle one has to go through.

Based on all the discussion and consulattion with the attorney I am going to call her before expiry.

Thankx for all your valued input. I know a lot of had said that since the beginning but there is a value in going through this kind of situation assessment and I hope it is helpful to people who are or may get into somilar circumstances.

Tanatan
 
Opinion

Has your wife ever used the EAD card?
If yes, then she is no longer in H4 status and needs non-expired AP to return back. H4 stamp would do her no good.
If she has never used the EAD card, then AP is not needed but a valid stamp is needed in the passport. She cannot return without that just based on her extension notice.
485 has been approved or not, will not matter.

Check with your lawyer. This is what I know based on my lawyers advice as I am going to India end of this year with H1 status without EAD/AP. Hopefully my approval will come RD 09/17.
 
Re: Opinion

Originally posted by telecomguy
If she has never used the EAD card, then AP is not needed but a valid stamp is needed in the passport. She cannot return without that just based on her extension notice. 485 has been approved or not, will not matter.
Click to expand...

Yes it will! The other component of being in H4 status is that you must be the spouse or child of an individual in H1 status. Since her husband has already been approved, he no longer has H1 status, and she is no longer eligible for H4 status.

Tanatan has made the right decision erring on the side of caution and bringing his wife home before the AP expires. Better to spend a few extra bucks changing a plane ticket than have his wife stuck on the wrong side of the border. That will cost much more money to fix.
 
IT IS NOT A PROBLEM

Courier the original I-797 Approval Notice. And on showing that at the POE the INS will stsmp I-569 on the passport which is actually the permanent resident card on the passport.
 
rajiv

it is ok only if the person return before expiry of Advance parole because I-797 Approval Notice by itself does allow entry to US.

Again POE may or may not put the stamp for 1 yr depends upon the officer.
 
Re..

If she has H4 stamp in passport and never used EAD, she can enter using H4 status even if you have got the approval but not stamped it yet. She can go for stamping once she gets here. If you go for stamping before she comes, they will cancel your H1. Thats what I have been thinking. I dont know if getting an approval automatically cancels your H1 status. It might be true, dont know

I have H1 status with no EAD or AP . My lawyer told me its ok for me to travel to India and come back even though I might get approved while in India. Let me know if this will cause some problem for me.
 
to telecomguy

Your case is very similar to me. I have not used the EAD yet. And my H1b is still valid.

My understanding is that after I485 approval your h1 is invalid. While your I485 is pending you may use H1 for re-entry but not after it has been approved. My lawyer emplained that on H1b you get non-immigrant visa. But you are an immigrant once I485 is approved. Refer to the quote in this thread from ThakurSahab that is valid if your case is "pending".

You may choose to take a chance but the risk is that you I485 can be considered abandoned. Would you want to risk that? In your case I would get AP and then go to India. Finally it is your decision.

Wish you luck.
 
Tanatan I don't know why you are complicating your case yourself for just a few hundred of dollars.
People in this forum have been posting all kind of problems and you have been lucky to get the GC approval without any problem.
I don't understand why you are taking a chance and hell-bent on making a problem out of nothing.....Lawyers can explain the law but if INS takes some other decision then you will be trouble.
Last year when I was coming from India I entered through Detroit.
I have joined another employer and H1 transfer was in progress so I just went with a recipt of copy of H1-transfer application and the paystubs , letter from my new emplyer saying that I was going on a vaction. My last employer's sponsored H1 stamping was still valid. Still I was questioned for one hour and I really had a tough time. I told everyone out in India that I am not coming again till I get my Green card.
See those INS clerks at the port of entry are 7-8 dollar/per hr clerk who are not very knowledagbel.
I still think You must get your wife before the expiry of AP no matter what your lawyer is saying
 
Re: Another talk with lawyer

Originally posted by Tanatan
I actually had another talk with my lawyers and there I came to know that I had been talking to a paralegal. So I just spoke to an actual attorney.

Conversation with her was brief and she stressed that I should call her before expiry of AP (STRONG RECOMMENDATION). As travelling with expired documents is highly risky.

As far as money side of it considered, If she comes before AP expiry then it is only cost of air ticket. If she comes after expiry then I would need an attorney on standby and if the attorney was to come to the airport then that is very expensive too. The second option may be higher in cost and not to mention the hassle one has to go through.

Based on all the discussion and consulattion with the attorney I am going to call her before expiry.

Thankx for all your valued input. I know a lot of had said that since the beginning but there is a value in going through this kind of situation assessment and I hope it is helpful to people who are or may get into somilar circumstances.

Tanatan
Click to expand...

Tanatan

That would be a very Smart and Realistic descision, stick to it, dont worry about the $$$$$$, you can make it up.

Wish you all the best
 
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