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collkaverill
07-06-2010, 05:14 PM
I have an I-485 pending and I am the primary beneficiary. I and my wife have EADs and APs from it. I got confused with the stamp on AP (which I got in a previous trip). Effectively, I tried entering with an expired AP. I don't have a parallel H1B. Officer allowed me to enter with "Deferred Inspection" notice.

Some people (including my primary lawyer) say that my 485 is abandoned and thus I and my wife's EADs are invalid. They suggest that we both get H1-B's to get valid status. Meanwhile a different lawyer suggested trying applying for a new Advance Parole.

Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).

sunnymit
07-06-2010, 05:58 PM
your primary lawyer is correct. You can't leave the country without a valid AP as that is the only way you are allowed back in once you have obtained EAD and started using it. Here is a link for more information:

Advance Parole - Travel document after filing adjustment of status (http://www..com/greencard/adjustmentofstatus/advance-parole.html)

Of course I am not a lawyer so there might be loop holes that I am not aware of.

reddymjm
07-06-2010, 06:07 PM
I have an I-485 pending and I am the primary beneficiary. I and my wife have EADs and APs from it. I got confused with the stamp on AP (which I got in a previous trip). Effectively, I tried entering with an expired AP. I don't have a parallel H1B. Officer allowed me to enter with "Deferred Inspection" notice.

Some people (including my primary lawyer) say that my 485 is abandoned and thus I and my wife's EADs are invalid. They suggest that we both get H1-B's to get valid status. Meanwhile a different lawyer suggested trying applying for a new Advance Parole.

Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).

I strongly suggest murthy.com or any Paid consulting.

kshitijnt
07-06-2010, 06:09 PM
I have an I-485 pending and I am the primary beneficiary. I and my wife have EADs and APs from it. I got confused with the stamp on AP (which I got in a previous trip). Effectively, I tried entering with an expired AP. I don't have a parallel H1B. Officer allowed me to enter with "Deferred Inspection" notice.

Some people (including my primary lawyer) say that my 485 is abandoned and thus I and my wife's EADs are invalid. They suggest that we both get H1-B's to get valid status. Meanwhile a different lawyer suggested trying applying for a new Advance Parole.

Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).


Sorry for a bit of lecture. But don't mess up with things like this.
Answer 1: Only USCIS knows. Chalk out an action plan with your attorney on how you will deal with this.
Answer 2: Again only USCIS knows
Answer 3: You can keep a photocopy and mention that since you travelled out of the country, you surrendered the original. Or you can surrender the photocopy while leaving the country.
Answer 4: Only an attorney can tell you. Just be straightforward and tell the story to USCIS.
Answer 5: You can file EB2 labor and I140 at any point and convert to EB2 status by either filing a new 485 or interlinking the old one if USCIS has not abandoned it.

gc_check
07-07-2010, 01:10 AM
I have an I-485 pending and I am the primary beneficiary. I and my wife have EADs and APs from it. I got confused with the stamp on AP (which I got in a previous trip). Effectively, I tried entering with an expired AP. I don't have a parallel H1B. Officer allowed me to enter with "Deferred Inspection" notice.

Some people (including my primary lawyer) say that my 485 is abandoned and thus I and my wife's EADs are invalid. They suggest that we both get H1-B's to get valid status. Meanwhile a different lawyer suggested trying applying for a new Advance Parole.

Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).

Consult an attorney for better counsel. You need to be well informed on the possibilities and should go prepared to answer / provide any explanations that might be asked to submit. Also, good or bad, always speak/provide only the right / correct informations and that will help and not go against you. See below an old link @Murthy's website. Might give some details.
MurthyDotCom : Deferred Inspection Policy (http://www.murthy.com/news/UDdefins.html)

DiligentKarma
07-07-2010, 07:05 PM
They send you for a deffered inspection to give you a chance to prove your intention to contuinue with your AOS.

Your AOS is NOT abandoned, at least not yet. If it is, USCIS would have let you know about it. You can have the solace by checking you case status at USCIS website. Get a new AP before you go for deffered inspection. Atleast apply for the AP right away. They expect you to come to deffered inspection with an approved AP that they can stamp and let you stay and continue with AOS. I have full faith in US justice system, just be be truthful and polite at the inspection.

I had been in an exactly similar situation. My primary attorney had the same view as your primary attorney, but these people don't do their homework at all. They are good only to file H1/L1 forms which anybody can do.

Apply for an AP and Inshallah you will be fine.

DiligentKarma
07-07-2010, 07:21 PM
A note to everyone on AOS, ALWAYS have an approved and valid Advance Parole with you. The circumstances that we discussing here are exceptional and letting somebody in the country without a valid document and sending in for a deffered inspection is also exceptional. This is a facility which should not be misused. Always have valid docs with you.

Also, don't ever go by the date on the "Paroled untill" stamp on your Advance Parole. It is not the date till which the AP is valid. AP is valid only till the date printed on it.

collkaverill
07-07-2010, 08:05 PM
Thank you so much DiligentKarma! You made my day. I applied for AP despite my lawyers beliefs. I lost a week because of the confusion though. I hope everything will turn out ok...

Meanwhile my lawyers are going full speed on getting me a H1B. Say if the petition goes through, do I go to Canada for visa-stamp (before deferred inspection)? or will it create more problems? I also read travelling when an AP application is pending is considered "abandonment" of AOS... This whole thing is so confusing...

bandaru18
07-07-2010, 08:51 PM
I am also on the same situation but my applicatiom is family based 485 .
My AP is valid till January'8th 2010 and "Paroled Till" stamp on my AP document indicates July 27'th 2010.I was in wrong assumption that my advance parole is valid till paroled date. I have travelled to India on April'5th 2010 for an emergency situation and returned to US with LOCALE Parole in Port Of Entry which is valid for 30 days only. Locale Parole was issued @Port Of Entry for Humanitarian reasons .

Does this cause any issues on my EAD and 485 processing. Is this violation 485 processing which will abandon my 485 application and refile . This is family based application .

My primary applicant has valid 485 status and has valid H1B till 2012 July .

Can someone please advise me what procedure i need to follow now .

DiligentKarma
07-07-2010, 10:03 PM
As somebody in this thread has said, talk to your stupid lawyer and ask him/her to explore all the possibilites that can take course at the inspection. But for sure, they expect you to come with an AP. I would suggest don't go out of the country until your inspection is done. For the H1B thing, my employer did the exact same thing, but unfortunately this H1 cannot be stamped before Oct 2010, so there is no point in going out of country to get it stamped.

Again, keep pushing your lawyer to explore and study the case thoroughly. On your part, keep visiting any forums/blogs that may throw more light on such situations and push your lawyer to explore on those lines.

joydiptac
07-07-2010, 10:16 PM
Thank you so much DiligentKarma! You made my day. I applied for AP despite my lawyers beliefs. I lost a week because of the confusion though. I hope everything will turn out ok...

Meanwhile my lawyers are going full speed on getting me a H1B. Say if the petition goes through, do I go to Canada for visa-stamp (before deferred inspection)? or will it create more problems? I also read travelling when an AP application is pending is considered "abandonment" of AOS... This whole thing is so confusing...

If I were you, I would just keep the H1B in hand and not rush out to get it stamped or anything.
The fact that you have applied for AP should be proof enough that you did not have any intention of abandoning your I485.
If they are not convinced, and decide that you have abandoned AOS - then you have nothing more to loose. You could go out and get the H1B stamped and come back in.

Once on H1B you might be able to apply for EB2 and get GC faster than your EB3 would have taken. Who knows this could have been a blessing disguise.
All the best!

DILIGENT KARMA: THANKS FOR THE WARNING! I ALWAYS THOUGHT THAT THE AP PAROLED TILL == AP VALIDITY.

DiligentKarma
07-07-2010, 10:22 PM
I am also on the same situation but my applicatiom is family based 485 .
My AP is valid till January'8th 2010 and "Paroled Till" stamp on my AP document indicates July 27'th 2010.I was in wrong assumption that my advance parole is valid till paroled date. I have travelled to India on April'5th 2010 for an emergency situation and returned to US with LOCALE Parole in Port Of Entry which is valid for 30 days only. Locale Parole was issued @Port Of Entry for Humanitarian reasons .

Does this cause any issues on my EAD and 485 processing. Is this violation 485 processing which will abandon my 485 application and refile . This is family based application .

My primary applicant has valid 485 status and has valid H1B till 2012 July .

Can someone please advise me what procedure i need to follow now .

IMHO, with a valid H1, you were in much better position than I and collkaverill. Why didn't you use it to enter the country? Same advice to you too, get an Advance Parole. And spread the word that "Paroled until" stamp is not the validity of AP, one MUST file AP well ahead of time so as not to get into such situations. Get in touch with a lawyer too and share with us what s/he has to say.

collkaverill
07-09-2010, 11:51 AM
DiligentKarma, Did you actually get the new AP by the time you went for Deferred Inspection or did you just go with a receipt? I have a feeling that at best I might just get a receipt notice by my appointment date. I called them to ask if they can reschedule it and they said no...

sunnymit
07-09-2010, 02:49 PM
This rule does not apply to you if you have a valid H1B visa.

Yes, but only if you travel on H1-B and not on AP. Also, the guy said he didn't have a parallel H1B...

H1B-GC
07-09-2010, 04:24 PM
I have an I-485 pending and I am the primary beneficiary. I and my wife have EADs and APs from it. I got confused with the stamp on AP (which I got in a previous trip). Effectively, I tried entering with an expired AP. I don't have a parallel H1B. Officer allowed me to enter with "Deferred Inspection" notice.

Some people (including my primary lawyer) say that my 485 is abandoned and thus I and my wife's EADs are invalid. They suggest that we both get H1-B's to get valid status. Meanwhile a different lawyer suggested trying applying for a new Advance Parole.

Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).

sorry to hear! Pay $250 towards consultation fee to Ms.Murthy or Rajiv Khanna to get an advise instead of lurking on immigration forums for expert advice from amateurs. Atleast do this right for yourselves. This is prblly the best advise anyone can give here.

DiligentKarma
07-09-2010, 05:13 PM
DiligentKarma, Did you actually get the new AP by the time you went for Deferred Inspection or did you just go with a receipt? I have a feeling that at best I might just get a receipt notice by my appointment date. I called them to ask if they can reschedule it and they said no...

Every case is different. I would say try calling them again, tell that you have applied for an advance parole which you are not sure of getting by the date of deffered inspection. Or better, ask your lawyer to do all this. I hope the lawyer may stumble upon some better working solutions. Keep us posted.

H1B-GC's advice seems to be a good one too. No harm in getting a second/third opinion.

collkaverill
07-12-2010, 11:31 AM
Will an InfoPass appointment help get some info for scenarios like these?
:confused:

apt29
07-12-2010, 11:44 AM
Will an InfoPass appointment help get some info for scenarios like these?
:confused:

Deferred Inspection means you need to show valid documents at a later date. Basically you can try to get a new advance parole and go to a nearest CBP office. Show your new advanced parole and update your passport and AP with new status. Hope this helps.

collkaverill
07-12-2010, 12:16 PM
They gave me a July 27 date already. I applied for a new AP. What if I don't get the new AP by the date? That's what I am truly confused about.

apt29
07-12-2010, 12:48 PM
They gave me a July 27 date already. I applied for a new AP. What if I don't get the new AP by the date? That's what I am truly confused about.

There should be contact info on the slip they issued. You can contact and reschedule. Or take your AP receipt to your appointment and buy some more time.

DiligentKarma
07-12-2010, 01:36 PM
They gave me a July 27 date already. I applied for a new AP. What if I don't get the new AP by the date? That's what I am truly confused about.

Dunno what to say...did you ask you lawyer to dwell on all these possibilites!!?? Give him some work to do.

justAnotherFile
07-12-2010, 02:51 PM
...isn't it the case that if the USCIS officer at the port of entry let him in as deferred entry, USCIS does NOT deem the I-485 to be abandoned.

If it were to treat the I-485 to be abandoned, under what status did it let him in sinc ehis H1B is not valid.

collkaverill
07-23-2010, 10:01 PM
Status Update:

I got H1B approval notice for 3 years. A lesson here is that you can get a 3 year H1B even though you have not been actively renewing it after 6 year period. Some people thought it may not be possible to get H1 anymore.

Also got Canadian (Visitor) Visa for 3 years. Now it's a matter of going to Canada for stamping - though not sure yet, I will need to do it.

Got AP receipt notice but no status update yet.

Meanwhile, my lawyers were able to get the Deferred Inspection postponed by another month. That should give some time for AP to get through. Lawyers still evaluating the H1B stamping idea.

la6470
07-23-2010, 11:33 PM
I have an I-485 pending and I am the primary beneficiary. I and my wife have EADs and APs from it. I got confused with the stamp on AP (which I got in a previous trip). Effectively, I tried entering with an expired AP. I don't have a parallel H1B. Officer allowed me to enter with "Deferred Inspection" notice.

Some people (including my primary lawyer) say that my 485 is abandoned and thus I and my wife's EADs are invalid. They suggest that we both get H1-B's to get valid status. Meanwhile a different lawyer suggested trying applying for a new Advance Parole.

Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).

You violated the parole by skipping town amigo...:D

Milind123
07-23-2010, 11:53 PM
You violated the parole by skipping town amigo...:D

la6470, Do you have a freaking heart?

collkaverill
07-24-2010, 05:32 PM
You violated the parole by skipping town amigo...:D

Read it in a lighter mood; it is a bit funny actually :)

joydiptac
07-26-2010, 04:28 AM
Status Update:

I got H1B approval notice for 3 years. A lesson here is that you can get a 3 year H1B even though you have not been actively renewing it after 6 year period. Some people thought it may not be possible to get H1 anymore.

Also got Canadian (Visitor) Visa for 3 years. Now it's a matter of going to Canada for stamping - though not sure yet, I will need to do it.

Got AP receipt notice but no status update yet.

Meanwhile, my lawyers were able to get the Deferred Inspection postponed by another month. That should give some time for AP to get through. Lawyers still evaluating the H1B stamping idea.

Did you get an H1 Extension or a new H1B?

collkaverill
07-26-2010, 01:27 PM
I am not sure actually. The approval notice says I-797B, which says the case type is I129.
It looks like a new H1B from googling. But I'm not so sure...

DiligentKarma
09-19-2010, 12:50 PM
I am not sure actually. The approval notice says I-797B, which says the case type is I129.
It looks like a new H1B from googling. But I'm not so sure...

Have you received your Advance Parole form USCIS? How is your case going on?

DiligentKarma
09-20-2010, 01:42 PM
I am not sure actually. The approval notice says I-797B, which says the case type is I129.
It looks like a new H1B from googling. But I'm not so sure...

Did you confirm that you can get the new H1 stamped from Canada and not India?

collkaverill
11-21-2010, 04:33 PM
For everyone's info, I got my AP approved, which I showed at Deferred Inspection. They gave a new I-94 and it was all set. Nevertheless, my lawyers still said this could affect my I-485 application and it could still be in jeopardy when it's review happens. Apparently there is no end to this misery :(

waitingwaiting
03-07-2012, 05:43 PM
collkaverill - What is your status now?

I just wanted to share with you that my husband was in a very SIMILAR SITUATION as yours. He did not know that he should have applied for a new 485, so he just applied for a new AP and EAD. Once his PD became current last year in July, we got a denial for his 485 and USCIS stated that it was denied due to abandonment.

I highly recommend that you should check with your attorney and do your own research as well.

My husband had to re-apply his 485 in July 2011 and we are still waiting on the decision.

Notes:
* EB2 - PD: July 2006
* Traveled out of country by mistake on expired AP in Nov 2009
* Denied entry upon arrival with expired AP
* Got a new h1 (3 months) in vancouver BC and got it stamped, and then re-entered to US in Jan 2010
* Upon arrival in US, applied and received new AP and EAD
* June 2011> PD became current
* July 2011> 485 denied (due to abandonment)
* July 2011, applied a new 485 (maintaining the same PD of 2006)
* Nov 2011 > Received approved new EAD and AP
* As of March 2012, still waiting on decision

john05
04-24-2012, 07:50 AM
Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).