What are my options in this unfortunate situation?

R

rajudm

Registered Users (C)
Please suggest some options what I should do in this situation.

I have I140/485 pending. My H1 extension is also pending. I-94 expired Oct 23, 2003 and the extension for H1 applied first week of October. Based on I140/485 pending I have EAD and advanced parole. I am not yet using EAD.

Yesterday unfortunate thing happened, and I think it always happens with this green card process. My father expired and I inquired with the attorney about visiting India on emergency. His suggestion was it becomes absolutely impossible to get back into the country.

My guess is that my passport stamping will be sometime in October/November next year. In the mean time what I can do to get all my papers ready so that I can visit to see my mother. Or is there any hurdle in sponsoring for mother's visitor visa.

1) one option is to get the h1 visa stamped at st.louis after getting the extension approved.

2) wait for I140 approval. switch over to the GC sponsoring company (My GC is for future employment with other company). Use EAD and Advance Parole.

It looks like a long time consuming process for each of this option.


thanks
raju
 
Hi Raju, very sorry to hear this unfortunate indicent. My condolences.

I am not quite sure of what I am going to suggest. So please check with your lawyer. If your EAD and AP are approved even though your I-140 is pending, I think you can use EAD as well as AP for re-entering the US. The risk being that you will be virtually losing the H1 status. Also, it might make the things straight forward if you switch to the sponsoring employer. I think AC21 applies if your concurrent filing of I-140/I-485 is past 180 days )I may be wrong here). Other risky (improbable) is hope for H1 extension to come through when you are in India and get it stamped in India. But the chances of that are very very slim as you applied only in Oct 2003.

Forgot to mention, go for premium processing of H1. The safest option

Hope it helps in some way.
 
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I am sorry hearing that news.
Why can't you get stamping done in your native country? Convert your H1 into premium. Take AP also with you as insurance.

I did not understand statement of attorney it becomes absolutely impossible to get back into the country.
 
HI rajudm

Sorry to hear about your father.

Can you tell us on what basis your advocate is saying this.
In my case I have H1-visa and stamp both valid till feb. 2004 and I switched the job from GC sponsor and I am travelling in month od dec. and my advocate is saying that you need AP and in your case I think he is saying you don't have h1 stamp, so you cann't go. Really any body know about this issue or just saying whatever they think.
 
I am so sorry to hear about your loss.

If you have AP and PP with you then I dont understand why cant you come back?

May be your lawyer is trying to be extra cautious. But if everything is in order, it is absolutely legal.

I think these moments are very important for your family and for you and you should try your best to be with them.
 
Very sorry to hear this sad news, may god give you strength to bear this loss.

Good luck, in whatever you decide..
 
hang in there

Our sincere condolences from all on this forum.

If you have AP, then use it. Forget H1-B. It is a form of modern day slavery. The earlier you get out of it, the better.

Second option is premium processing conversion, 15 days and $1500. It is 15 days if no RFE is sent, or the clock is reset as they like!
 
My condolences to you. If you have an approved AP, you can reenter in to US using that document. Once you come back, you can worry about switching back to H1.
 
I am sorry to hear that. U should be able to use AP.....

I don't see any reason, why u can't use AP. Furthermore using AP doesn't invalidate H1B. Only if u use EAD, ur H1B is invalidated.
If u have 485 pending, then AP is issued and can be use. Your having H1b currently, application for h1b extension pending shouldn't make any difference.
 
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I think approved Ap wil help you return but attorney knows better your case and all options ,so go with his advice. If you still have doubt talk to another attorney just to have second opinion. Also try to get help from local Congressman if he talks to BCIS director directly to help you in this situation...
 
thank you all.

I thank you all for your suggestions. There was one more complexity involved since as a Australian citizen my Indian visa also had expired. In addition it happened to be a weekend. So considering all this the idea of me going was dropped.

I will be working towards getting all my papers ready to sponsor my mother for a visitor visa. I wonder how would her widow status affect the visa decision since I am the only son. My younger sister is in Bangalore. My mother has real estate and agriculture property in her name. I will get all the supporting document to prove that she wouldn't immigrate and hope that the immigrant officer would be considerate in giving the visa.

thanks once again,
raju
 
My condolences to you and ur family... You can use ur EAD and AP to reenter. I do not think there is any problem with that.
 
i think let both of them appear for visa ( mother and sister ) and convince that they are going for vacation of 3 to 4 weeks. although they soame times issue 6 months plus visa. Just my thoughts .
 
rajudm,
Since you have a AP, there won't be any problem for coming back. You can use EAD after you come back. you can ignore the few cons of using EAD because of your current situation. I think that it is better for you to goto india now and be there by the side of your family rather than planning to bring your mother here. As for as indian visa is considered, it is just 1 day job if you goto Newyork or Chicago office.
 
dsatish

Your suggestion will it be still valid if

1) my current job is on H1 with company A (I94 expired in October 2003), pending extension
2) GC is for future job with company B, EAD and AP is for this.
3) My pay stubs are from company A.

At the borders I am wondering they might question me regarding, 1) Use of AP without using EAD
2) being out of status for period October 23rd to the day of leaving US. (I may have to carry the H1 extension receipt).
3) Without paystub from company B, technically it will be difficult to explain to immigration officials. (you had personal experience at VA office for your EAD....)

thank you
raju
 
rajudm,
As long as your I485 is pending, you are never out of status.
You can use AP without using EAD (but you have to use EAD after you come back).
Since you have passed the 180 days barrier, you should not have any problems as long as your current company and your sponsoring company are supporting you. Regarding paystubs, i don't think there is any problem. Technically, You don't need to be working for your sponsoring employer till you get GC. I don't see any visible risks in your case (except your reluctance to use EAD when you come back). But i might be wrong.
If you feel that your presence does not make much difference in india now, you may as well stay back and play safe. It's upto you. I understand that our decisions should be based on practical things rather than emotional things. So if you feel that you will be safe in using AP, then go ahead. I wish you good luck in coping with this unfortunate happening.
 
Re: dsatish

Originally posted by rajudm
Your suggestion will it be still valid if

1) my current job is on H1 with company A (I94 expired in October 2003), pending extension
2) GC is for future job with company B, EAD and AP is for this.
3) My pay stubs are from company A.

At the borders I am wondering they might question me regarding, 1) Use of AP without using EAD
2) being out of status for period October 23rd to the day of leaving US. (I may have to carry the H1 extension receipt).
3) Without paystub from company B, technically it will be difficult to explain to immigration officials. (you had personal experience at VA office for your EAD....)

thank you
raju
Click to expand...

Using AP doesn't invalidate H1B. Don't know, why others aren't offering u the same suggestion.
U can work with H1B extension receipt for upto 200+ days.
Once u have filed I485, u r not out of status till the case is decided upon. H1B/EAD helps u to continue working.
Gurus, correct me in case I am wrong, jsut to make sure.
 
rajudm,
Sorry to hear your case...
I think I am confused...first of all you need to take Indian visa...and that is fine...

Since you got AP, how it is impossible to come back...
Advance Parole is issued by INS to go out of the country and as such there is no condition one need to work on EAD for it...It is perfectly possible that one may apply for AP and may not have applied EAD at all....

I used AP when I went to India and came back through JFK and no one asked me for my paystubs or anyother questions like whether I am working on EAD etc.

Please let me know if I am wrong...

-rajum
 
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