Spoke to an IIO

4

485/Waiter

Registered Users (C)
I am Aug 09, 99 ND, offcourse still waiting for approval. Since I am planning to go to India in December, i decided to call IIO at VSC regardinh my H1B approval notice since my H1B stamp has expired and I will have to get it done in India in case the Green Card approval doesn\'t come through.
IIO says since I have already applied for Advance Parol and EAD (I haven\'t used both), I will need to come back on AP and can not use H1B anymore. Because they have issued them, therefore, they have no reason to believe me that I have not used them. Is that true?

When asked how long to approve my case, standard answer of 60 days.
 
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You should definitely get your I485 approval much before December. based on the discussions on this boards, it seems your time is not far away. I would say give or take, the latest by the 2nd week of October.

good luck.
 
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My ND is identical to yours. Hopefully VSC should start approving.
All of a sudden they seem to have gone into hibernation
 
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I have seen an approval with this date today on isn.org. Category EB1
country other.
 
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Hi 485/WAITER,

  According to my attorney, you could still apply for your H1 visa after you applied AP and EAD, as long as you do not use AP and EAD, you\'ll still keep your H status. I\'m confused now by what IIO told you. Who should we believe now?
 
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Infact, I read in www.immigration-law.com that even if you were admitted with AP, you can go to the local office and change your status from adjustee back to nonimmigrant as long as you did not use your EAD to work for another employer.

But what your lawyer says about renewing H-1b, and being admitted as non-immigrant using H-1b is absolutely correct. IIO was refering to rules before July 1999.
 
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