Travelling After 485 interview

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sai_srinivas

Registered Users (C)
I have been interviewed at Newark Office for Employment based 485 in June 2006. Since the priority date is not current, the officer gave me a letter saying interview is done and i need to wait for priority date to be current. During the interview, officer took all old EADs and current I-94.

I have advance parole (issued at Newark) till Mar 2007 and EAD till Dec 28, 2007. I applied for EAD renewal and is in process (had the bio metrics done at Newark on Sep 12)

Now my questions:

I need to travel to India in Nov, 2006 and be back by Dec 22nd.

1) Since i do not have original I-94, i will be able to submit only the copy while leaving. Is that fine?

2) During the interview the officer was telling i should not be travelling when my 485 is pending.

My lawyer says i should not have any problem since i have valid AP.

3) My EAD actualy got transferred from Service center to Newark as 485 is pending at Newark. SInce new rules are not alowing to issue the EADs at local office, the officer gave a letter asking me to take bio metrics (Sep 12th 06). How long i need to wait for the EAD now? If i do not get EAD by the time i go to India, will there be problems since it is valid only till 28th Dec 06?

Can any one provide me answers? Thank you.
 
sai_srinivas said:
I have been interviewed at Newark Office for Employment based 485 in June 2006. Since the priority date is not current, the officer gave me a letter saying interview is done and i need to wait for priority date to be current. During the interview, officer took all old EADs and current I-94.

I have advance parole (issued at Newark) till Mar 2007 and EAD till Dec 28, 2007. I applied for EAD renewal and is in process (had the bio metrics done at Newark on Sep 12)

Now my questions:

I need to travel to India in Nov, 2006 and be back by Dec 22nd.

1) Since i do not have original I-94, i will be able to submit only the copy while leaving. Is that fine?
------------------- officer did a mistake taking your I-94, explain the situation on letter with your Name, DOB, A# and attach that letter with Copy of I-94 and submit it at airline counter, staple the copy of I-94 with letter

2) During the interview the officer was telling i should not be travelling when my 485 is pending.
-------------wrong info, one can go out while I-485 is pending
My lawyer says i should not have any problem since i have valid AP.
----lawyer is correct
3) My EAD actualy got transferred from Service center to Newark as 485 is pending at Newark. SInce new rules are not alowing to issue the EADs at local office, the officer gave a letter asking me to take bio metrics (Sep 12th 06). How long i need to wait for the EAD now?
------------- depends on service center
If i do not get EAD by the time i go to India, will there be problems since it is valid only till 28th Dec 06?
------------ for going out or for entry to US you dont need EAD, for work you need EAD
Can any one provide me answers? Thank you.
Click to expand...
 
Thanks for your instant reply.

Why did the officer take the I94. Was that an indication that i should not be travelling till my GC arrives?

Even though it is officer's mistake, this could affect me badly since i do not have original I94 now. Will this affect my reentry to USA?

Do you suggest that i apply for lost/stolen/replcement I94 to USCIS or enquire with USCIS local office?

Is there any one in this forum who travelled in situation like me? Please let me know.
 
sai_srinivas said:
Thanks for your instant reply.

Why did the officer take the I94.
-Mistake
Was that an indication that i should not be travelling till my GC arrives?
-----------Mistake he thaught he is going to approve I-485 but when checked PD he came to know it is not current and forget to give you I-94 back
Even though it is officer's mistake, this could affect me badly since i do not have original I94 now.
------------the I-94 he kept goes to USCIS record and that has validity on that and it was not Surrendered by you at airport when leaving and record will show it was provided by local office
Will this affect my reentry to USA?
--------I dont see any problem
Do you suggest that i apply for lost/stolen/replcement I94 to USCIS
-------------It is NOT LOST it was taken by officer at the time of Interview
or
enquire with USCIS local office?
------------- you CAN (remeber the date of Interview and if remember officer name it will help) go to supervisor and inform the mistake or ask for I-94.take the letter that officer has given you.

Is there any one in this forum who travelled in situation like me?
--I dont know. but I know a person who lost the I-94 and then went out and came back. if you are near to any border post then go out and when enter get new I-94(if you have valid H1 visa stamp)
Please let me know.
Click to expand...
 
thanks verymuch. Did anyone travel outside USA after employment 485 interview recently (using advance parole)? Please provide your experience.
 
I have called up USCIS, they advised me to contact Customs and Border Control (CBP), i provided following info and i rceived the response which i included below

1) I am currently living in USA.
2) My status is EAD (employment authorization) based on pending
Adjustment of Status (EMployment based)
3) My last entry to USA is on advance parole on Jan 2006.
4) Currently i have an advance parole valid till Mar 2007.
5) For my 485, i am interviewed at local office, the officer did not
approve the case and it is still pending as priority date is not
current, i was told i need to wait for the priority date.
6) During the interview the officer took my original I94 and i just
have copy of it.

My Question:

1. I may need to travel in the month of December outside USA. Can i submit the copy of I94 while going out?

2. Will it cause any issues during reentry?

3. Or is there any other procedure i should be following before i travel out of country?


RESPONSE RECEIVED

1. No.

2.Yes

3. You'll need to contact USCIS to get the I-94 reissued.
 
sai_srinivas said:
I have called up USCIS, they advised me to contact Customs and Border Control (CBP), i provided following info and i rceived the response which i included below

1) I am currently living in USA.
2) My status is EAD (employment authorization) based on pending
Adjustment of Status (EMployment based)
3) My last entry to USA is on advance parole on Jan 2006.
4) Currently i have an advance parole valid till Mar 2007.
5) For my 485, i am interviewed at local office, the officer did not
approve the case and it is still pending as priority date is not
current, i was told i need to wait for the priority date.
6) During the interview the officer took my original I94 and i just
have copy of it.

My Question:

1. I may need to travel in the month of December outside USA. Can i submit the copy of I94 while going out?

2. Will it cause any issues during reentry?

3. Or is there any other procedure i should be following before i travel out of country?


RESPONSE RECEIVED

1. No.

2.Yes

3. You'll need to contact USCIS to get the I-94 reissued.
Click to expand...

what is your category and PD? when you got your I1-40 approval? from which service center your 485 was transferred? Information will be helpful if you provide. Thanks in advance
 
140 AD - Oct 2003
485 filing date - Jan 2004
Center - Nebraska
EB3
PD - Dec 2001
Transferred to Newark in May 2005
Interview done successfully in June 2006
 
United Nations & Saras - can you please let me know your opinions. I am going to local INS office on 16th Oct. Will post on what i find there too.
 
Hi,

I have the exact the same situation as yours. My original F-1 I-94 with stamp was taken during my I-485 interview. And my I-485 is still pending since my priority date is not current. Now I need to travel and plan to use AP.

I went to Newark office for infopass and asked this question. They told me that I don't need to submit the original I-94 when I leave because I have AP.
I am not sure about the answer though.

So now I see several choices when I leave:

1. Submit H1B I-94 (no stamp) without explanation
2. Explain the whole situation and show them the copy of the original I-94.
3. Show them the advance parole.

What do you guys think?

btw, when you submit I-94, who do you submit to? the airline?

-- quietheart
 
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