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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1  
Old 07-06-2010, 06:14 PM
collkaverill collkaverill is offline
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Unhappy AP expired, got Paroled under "Deferred Inspection"

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).
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  #2  
Old 07-06-2010, 06:58 PM
sunnymit sunnymit is offline
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Default Unfortunately...

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

Of course I am not a lawyer so there might be loop holes that I am not aware of.
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  #3  
Old 07-06-2010, 07:07 PM
reddymjm reddymjm is offline
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Default Paid consulting

Quote:
Originally Posted by collkaverill View Post
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.
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  #4  
Old 07-06-2010, 07:09 PM
kshitijnt kshitijnt is offline
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Default

Quote:
Originally Posted by collkaverill View Post
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.
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  #5  
Old 07-07-2010, 02:10 AM
gc_check gc_check is offline
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Default

Quote:
Originally Posted by collkaverill View Post
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
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  #6  
Old 07-07-2010, 08:05 PM
DiligentKarma DiligentKarma is offline
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Default

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.
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  #7  
Old 07-07-2010, 08:21 PM
DiligentKarma DiligentKarma is offline
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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.
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  #8  
Old 07-07-2010, 09:05 PM
collkaverill collkaverill is offline
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Default

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...
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  #9  
Old 07-07-2010, 09:51 PM
bandaru18 bandaru18 is offline
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Default AP expired got Paroled for Humanitarian Reasons

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 .
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  #10  
Old 07-07-2010, 11:03 PM
DiligentKarma DiligentKarma is offline
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Default

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.
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  #11  
Old 07-07-2010, 11:16 PM
joydiptac joydiptac is offline
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Default All the best

Quote:
Originally Posted by collkaverill View Post
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.
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  #12  
Old 07-07-2010, 11:22 PM
DiligentKarma DiligentKarma is offline
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Quote:
Originally Posted by bandaru18 View Post
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.
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  #13  
Old 07-09-2010, 12:51 PM
collkaverill collkaverill is offline
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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...
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  #14  
Old 07-09-2010, 03:49 PM
sunnymit sunnymit is offline
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Quote:
Originally Posted by oscarzumaran View Post
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...
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  #15  
Old 07-09-2010, 05:24 PM
H1B-GC H1B-GC is offline
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Quote:
Originally Posted by collkaverill View Post
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.
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