Urgent your Advise Needed

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desidost333

Registered Users (C)
Hello Experts,

My father is in major medical care. So, I am the one need to take care of him. It is quite expensive and I can't effort even though I tried to bring him to US. But, I got a medical advise from senior doctors and Insurance companies better to continue treatment in India which are same kind of medications in US.

I have filed I-485 and I-140 in concurrent on April 2003. I got EAD, Travel Documents and I-140 approved two months ago. My H1B getting expires by end of this month (six years period over). I didn’t file for H1B seventh year extension.

If I go to India, I may need to stay there for a while. I am not in a position to decided without you guys help, I don't what to do?
Please give me best possible advises in regards? at < raokcb@hotmail.com >

Thanks for your time and help
Desidost
 
You may consider applying for H-1B extension by premium processing if you qualify for 7th year of H-1B.
Best of Luck
 
1 You may consider applying for H-1B extension by premium processing and you qualify for that just attach the I-485 filing receipt copy with H1 extension papers.
You can get H1 visa stamped and enter on H1 status
OR
2 You have approved AP, and can renter with valid AP (you should be back before AP expires) keep the copy I-485 filing receipt with you.

3 I don’t know what airline you will use if you belong to India ask the particular consulate or airline office if you need transit visa because many like UK, France, Germany needs transit visa if you enter on AP. Go to H visa threads and find the post DATV
 
1 You may consider applying for H-1B extension by premium processing and you qualify for that just attach the I-485 filing receipt copy with H1 extension papers.
You can get H1 visa stamped and enter on H1 status
OR
2 You have approved AP, and can renter with valid AP (you should be back before AP expires) keep the copy I-485 filing receipt with you.

3 I don’t know what airline you will use as you belong to India ask the particular consulate or airline office if you need transit visa because many like UK, France, Germany needs transit visa if you enter on AP. Go to H visa threads and find the post DATV
 
Originally posted by ginnu
1 You may consider applying for H-1B extension by premium processing and you qualify for that just attach the I-485 filing receipt copy with H1 extension papers.
You can get H1 visa stamped and enter on H1 status
OR
2 You have approved AP, and can renter with valid AP (you should be back before AP expires) keep the copy I-485 filing receipt with you.

3 I don’t know what airline you will use as you belong to India ask the particular consulate or airline office if you need transit visa because many like UK, France, Germany needs transit visa if you enter on AP. Go to H visa threads and find the post DATV
Click to expand...

Thanks for your reply.

Is there any chance to go CP? if yes, What are the process I should follow? Please advise me
 
Is there any chance to go CP?
---- If I-485 filed and now you want to go for CP then you have to fill up a formI-824 and send it to service center the day they receive the form and fees your I-485 will be abandoned, EAD, AP all will be canceled you can have only one option CP OR I-485/AOS
if yes, What are the process I should follow?

-------- Fill up the form I-824 pay the fees (they take log time to process I-824) and attach the copy of I-140 and I-485.

I don’t think you have filed for H1 extension, if you have not filed H1 extension then you will have no status if I-485 is NOT pending, you should have filed H1 extension for you and H4 extension for your spouse then you could have opted for CP. If you opt for CP now then how you will enter as AP is based on I-485 pending. You cannot have I-485 pending AND CP at the same time file for CP I-145 gets cancelled and EAD AP will also get cancelled, file H1 extension if H1 not expired. For more issues go to your lawyer
 
Originally posted by ginnu
Is there any chance to go CP?
---- If I-485 filed and now you want to go for CP then you have to fill up a formI-824 and send it to service center the day they receive the form and fees your I-485 will be abandoned, EAD, AP all will be canceled you can have only one option CP OR I-485/AOS
if yes, What are the process I should follow?

-------- Fill up the form I-824 pay the fees (they take log time to process I-824) and attach the copy of I-140 and I-485.

I don’t think you have filed for H1 extension, if you have not filed H1 extension then you will have no status if I-485 is NOT pending, you should have filed H1 extension for you and H4 extension for your spouse then you could have opted for CP. If you opt for CP now then how you will enter as AP is based on I-485 pending. You cannot have I-485 pending AND CP at the same time file for CP I-145 gets cancelled and EAD AP will also get cancelled, file H1 extension if H1 not expired. For more issues go to your lawyer
Click to expand...

YES, you are right. I have not applied for H1/H4-extension (7th year), my attorney did not allow me to apply for it and said not worth of doing it. So, Presently I have only I-485 pending, approved I-140, EAD and AP.

If I go for CP and send I-824 to service center then when my I-485, AP, EAD get cancels, will my I-485, AP, EAD get cancels right away (automatically) or will I get any notification (or) letter from service center to proceed either with I-824/CP or I-485/AOS. If yes, when I will get this letter? Will I get this letter at the time of my I-824 receipt time or at actual I-824 process time

Thanks for your response. But, I am totally in tense, confused and scared to apply for CP after I read your response on this, because if I go for CP then I will loose my EAD, AP, and I-485 as per your response and not afford to do that. But, I went through portal and my understanding is that I-485 process, EAD, AP, and I-140 will not effect until I confirms the I-824 process notification which I receive from service center at the time of actual I-824 process (which process might happen after 3-4 months from now) by the time I will get my CP interview date. Is n’t it? May be I am totally wrong and do not have good knowledge in it. However, I know you are expert and read most of your posting, please do take some of your time and give me good advise.

Thanks for your time and waiting for your valuable response.
 
I will not go for CP because at this time CP is also taking long time and if CP denied no appeal with AOS pending if anything happens one can go for appeal or motion to reopen. With I-485 pending more than 180 days and I-140 approved you can use AC21. If go for CP no AC21. This is the short answer to your concerns. Many questions in your post like “If yes, when I will get this letter?” ask your lawyer he may be unable to anger this kind of question, discuss your options with your lawyer
 
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