Very very urgent pl. help....

B

Bhupender Singh

Registered Users (C)
RD:09/07/01
ND:11/09/01
EAD & AP approved(11/29, 11/23)& i\'ve with me(for my spouse & Son)
FP: Waiting...State Virginia..
H1-B valid thru 08/15/2002..
I\'m still on H1-B means i\'ve still not activated/used my
EAD. But unfortunately my mother in India got expired today.
And for this reason i\'ve to visit India leaving on 01/07/02 and
coming back on 01/31/02.

Here\'s my question:-
1. Since i\'m still on valid H1-b & spouse/Son on valid H4, which is valid
   thru 08/15/2002. And i\'dont want to activate my EAD untill i really
   need it. Is that possible, if i dont show my EAD/AP to immigration
   while coming back.
2. While returning i\'ll ve a new I-94, will this be a problem since i\'m on
   Adjustment of status.
3. Since i\'m returning on 01/31/02, what if i get my FP during my abscense
   and what are the chances of FP date schedule while i\'m gone. I\'m in
   Virginia.
 
   Pl. help me asap, since i\'m leaving on 7th.jan and my lawyer office
   is close because of sunday, and i can contact him only on monday. Any
   adivse is welcome. Pl .write in detail the how should i do or any
   similar, if anybody knows.

Since i\'ve very less time time to leave for india and actively chat with you folks, so pl. write in detail and clearly, if possible.
 
No Title

Sorry to hear about your mother, condolences to you .
No need to use AP. just show your valid H1 and H4 for dependents.
Usually you will have receive FP notice one month in advance hence I do not expect any problem.
 
No Title

Thanks for answering...but i was wondering how new i-94(on return) is going to impact my I-485 process. Is it sure i\'m good if i come back on H-1/H4(spouse+son). Pl. reconfirm this. As i\'m really worried about
my I-485/FP.
Thanks again
 
Sorry to hear this

Please carry all related GC documents with you and also a letter from the employer that you are still working with the same company.
But do not show any GC related documents unless u are asked. Your H1 is sufficient. Also u need to carry latest paystubs (2)
My condolences to u.
 
There should not be any problem...

My RD is 8/2, ND 9/26,state VA, and I just now got my FP notice scheduled for 1/29. So there is agood possibility that you will receive your FP notice only after you come back. Also there is atleast 3 weeks time between your receipt of FP notice and FP date.

Take all the documents that you need for travel on H1/H4, your I485 process will not get affected. I have friends who have done similar travel.

ntb2
 
H1 & AP

You can go to the local embassy to get a entry visa first (50% chance) if can\'t, then use AP documents
 
What do you mean you did not Activate EAD?

First of all, sorry about the news in your family. My condolences.
Can some one in this group explain what is to be done to activate EAD?
 
Don\'t worry

Sorry to hear of the demise of your Mother. May GOD bless her. Please accept my sincere condolences.
Your EAD is NOT activated when you travel abroad, your AP may be (if you use your AP to reenter). You can use you H1B to travel and reenter. Similarly your wife and Son can use their H4 visas. In case you use your H* visas to reenter the US you can keep on enjoying your H* status after reentry as long as you have NOT used your AP to reenter the US. Your EAD activation has nothing to do with your travel outside the US. It gets activated only if you take up another JOB apart from the JOB for which your H1 is current. You do have to show your I-485 receipt to the officer at the port of entry (experts are not totally clear on this). As far as the fingerprints are concerned you need not worry because you get enough notice time, and not giving finger prints on time would just delay your I-485 application and would NOT cause it to be denied, especially when you have sufficient reasons. You can even reschedule you FP.
Also try to get a copy of your Mother\'s death certificate (Sorry, if I sound a bit harsh). That would be a proof of "unusual circumstances" for the INS in case you have future problems.
 
Sorry to hear about your mother.

You should use H1 and H4 as that is valid.
I have received my FP which says FP date 1/24/01 or any following wed. after that till April\'02.
So I think now they are issuing FP wich much flexible dates.
Still you can confirm with lawyer as it may not be the case for others
 
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