Rainstorms

Hello,
I currently have an H1-B and will be married to a US citizen in August this
year. I plan to adopt my fiance's last name right after marriage and travel
to my home country in December of this year. We plan to apply for the green
card (I-130/I-485) along with a travel document too but we were concerned
whether I will be able to re-enter the US after our trip. Soo....
1. can I re-enter the country with the original H1-B that will have my
maiden name on it? is there anything special I need to file/do? (then file
I-130/I-485 after we return).
2. if we apply for the I-130/I-485 before trip anyways, can I use my H1-B to
re-enter the country? We're residents of Maryland and the only state that
has to file to the Vermont Service Center instead of our state district
office, so we're concerned whether we'd get the travel document back in time
for the trip.

and lastly, why on earth does Maryland not process the I-130/I-485
concurrently?!

Thanks!
Vicky

Ingo Pakleppa - see web site for email

On Wed, 17 Mar 2004 12:15:23 -0500, Rainstorms wrote:


    > Hello,
    > I currently have an H1-B and will be married to a US citizen in August
    > this year. I plan to adopt my fiance's last name right after marriage
    > and travel to my home country in December of this year. We plan to apply
    > for the green card (I-130/I-485) along with a travel document too but we
    > were concerned whether I will be able to re-enter the US after our trip.
    > Soo.... 1. can I re-enter the country with the original H1-B that will
    > have my maiden name on it? is there anything special I need to file/do?
    > (then file I-130/I-485 after we return).

I'm not sure. I suspect that you can return with your passport on your old
name, and do the name change after you return. If you do the name change
before the trip, you would need to get a new passport and a new H-1B visa
(although in practice, most likely old passport, old H-1B and marriage
certificate would probably be enough).

Sorry, that was not a very helpful answer, but all I know about that
subject.

    > 2. if we apply for the I-130/I-485 before trip anyways, can I use my
    > H1-B to re-enter the country? We're residents of Maryland and the only
    > state that has to file to the Vermont Service Center instead of our
    > state district office, so we're concerned whether we'd get the travel
    > document back in time for the trip.

Actually, it is entirely possible that you'd get it back faster than
people who can file locally. Vermont tends to be among the faster service
centers.

One word of caution: the marriage-based I-485 processing is currently in
substantial upheaval. Cases from local offices are being transferred to
the new Missouri Service Center. I suspect that you would now also have to
file in Missouri rather than Vermont. Please double-check.

    > and lastly, why on earth does Maryland not process the I-130/I-485
    > concurrently?!

That was an experiment. Legacy INS had planned to move all I-485
processing to the service centers, but they were overloaded. So they never
got beyond the point of having Maryland processed at a service center.
Eventually, INS created a fifth new service center, the Missouri one, who
will just handle a few specific types of cases. Family I-485s are among
these cases.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Rainstorms

Thank you for the your response.

I spoke to the USCIS Call Center and they told me that once I apply for
I/-130I-485, I cannot use my H1-B to re-enter the country. But I can apply
for a new visa stamp at the US Embassy using my original I-797 and I-94 card
as long as I show my marriage certificate to prove the name change on my
passport.

They also told me I could still apply the I-130/I-485 to the VSC with a
letter requesting to expedite the travel document, including evidence of
travel dates. If they approve, they can grant it in 15 days. If not, they
just won't respond (which is rather risky since that means I can't travel
when I need to!)

My question is how likely will the VSC grant the expediting request in this
situation? I read that they will expedite certain processes if it's an
emergency and if it has "compelling interest" to then. My reason isn't
exactly "compelling", nor is it really an emergency. What experiences have
you or anyone else had?

Thank you again,
Vicky


"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > On Wed, 17 Mar 2004 12:15:23 -0500, Rainstorms wrote:
    > > Hello,
    > > I currently have an H1-B and will be married to a US citizen in August
    > > this year. I plan to adopt my fiance's last name right after marriage
    > > and travel to my home country in December of this year. We plan to apply
    > > for the green card (I-130/I-485) along with a travel document too but we
    > > were concerned whether I will be able to re-enter the US after our trip.
    > > Soo.... 1. can I re-enter the country with the original H1-B that will
    > > have my maiden name on it? is there anything special I need to file/do?
    > > (then file I-130/I-485 after we return).
    > I'm not sure. I suspect that you can return with your passport on your old
    > name, and do the name change after you return. If you do the name change
    > before the trip, you would need to get a new passport and a new H-1B visa
    > (although in practice, most likely old passport, old H-1B and marriage
    > certificate would probably be enough).
    > Sorry, that was not a very helpful answer, but all I know about that
    > subject.
    > > 2. if we apply for the I-130/I-485 before trip anyways, can I use my
    > > H1-B to re-enter the country? We're residents of Maryland and the only
    > > state that has to file to the Vermont Service Center instead of our
    > > state district office, so we're concerned whether we'd get the travel
    > > document back in time for the trip.
    > Actually, it is entirely possible that you'd get it back faster than
    > people who can file locally. Vermont tends to be among the faster service
    > centers.
    > One word of caution: the marriage-based I-485 processing is currently in
    > substantial upheaval. Cases from local offices are being transferred to
    > the new Missouri Service Center. I suspect that you would now also have to
    > file in Missouri rather than Vermont. Please double-check.
    > > and lastly, why on earth does Maryland not process the I-130/I-485
    > > concurrently?!
    > That was an experiment. Legacy INS had planned to move all I-485
    > processing to the service centers, but they were overloaded. So they never
    > got beyond the point of having Maryland processed at a service center.
    > Eventually, INS created a fifth new service center, the Missouri one, who
    > will just handle a few specific types of cases. Family I-485s are among
    > these cases.
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - see web site for email

NEVER, EVER rely on anything USCIS tells you. The front-line people are
low-paid, low-skilled telephone operators, not lawyers (and in case that
comes across as dissing them: these are hardworking people with a
difficult job. Solid legal advice just is not in their job description).
Some of them actually know what they are doing, and many are eager to help
and give you their best guesses, but it is a crap shot.

The answer is actually self-contradictory: "you can't use the H-1B to
reenter the country" and "you can apply for a new H-1B visa and use that
to return" is a direct conflict.

Truth is that you *can* use an H-1B visa after filing an I-130/I-485, as
long as you also have the I-485 receipt notice with you (and since you are
filing at a service center, you would have that). The only possible issue
is your name change.

The expedited procedure exists, but you'd need a very good reason for the
urgency. Realistically, if you plan on doing that, I would suggest you
contact your Congressperson and ask them to help you. Congresspeople's
offices do have quite some pull, but you'd need to convince the staffer
that you really need the travel document urgently - and also that waiting
with filing the I-130/I-485 until your return isn't an option for you.
They will help you if you can justify it, but they won't just anybody who
walks in the door.

By the way, if you do take this route and apply for expedited Advance
Parole, remember that upon return you won't be an H-1B any more. So you
would also need an Employment Authorization Document to work (actually,
the legal situation is a bit fuzzy on that, but you really should get an
EAD to be safe).

On Thu, 18 Mar 2004 17:19:22 -0500, Rainstorms wrote:


    > Thank you for the your response.
    >
    > I spoke to the USCIS Call Center and they told me that once I apply for
    > I/-130I-485, I cannot use my H1-B to re-enter the country. But I can
    > apply for a new visa stamp at the US Embassy using my original I-797 and
    > I-94 card as long as I show my marriage certificate to prove the name
    > change on my passport.
    >
    > They also told me I could still apply the I-130/I-485 to the VSC with a
    > letter requesting to expedite the travel document, including evidence of
    > travel dates. If they approve, they can grant it in 15 days. If not,
    > they just won't respond (which is rather risky since that means I can't
    > travel when I need to!)
    >
    > My question is how likely will the VSC grant the expediting request in
    > this situation? I read that they will expedite certain processes if it's
    > an emergency and if it has "compelling interest" to then. My reason
    > isn't exactly "compelling", nor is it really an emergency. What
    > experiences have you or anyone else had?
    >
    > Thank you again,
    > Vicky
    >
    >
    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
    > message news[email protected]...
    >> On Wed, 17 Mar 2004 12:15:23 -0500, Rainstorms wrote:
    >> > Hello,
    >> > I currently have an H1-B and will be married to a US citizen in
    >> > August this year. I plan to adopt my fiance's last name right after
    >> > marriage and travel to my home country in December of this year. We
    >> > plan to apply for the green card (I-130/I-485) along with a travel
    >> > document too but we were concerned whether I will be able to re-enter
    >> > the US after our trip. Soo.... 1. can I re-enter the country with the
    >> > original H1-B that will have my maiden name on it? is there anything
    >> > special I need to file/do? (then file I-130/I-485 after we return).
    >> I'm not sure. I suspect that you can return with your passport on your
    >> old name, and do the name change after you return. If you do the name
    >> change before the trip, you would need to get a new passport and a new
    >> H-1B visa (although in practice, most likely old passport, old H-1B and
    >> marriage certificate would probably be enough).
    >> Sorry, that was not a very helpful answer, but all I know about that
    >> subject.
    >> > 2. if we apply for the I-130/I-485 before trip anyways, can I use my
    >> > H1-B to re-enter the country? We're residents of Maryland and the
    >> > only state that has to file to the Vermont Service Center instead of
    >> > our state district office, so we're concerned whether we'd get the
    >> > travel document back in time for the trip.
    >> Actually, it is entirely possible that you'd get it back faster than
    >> people who can file locally. Vermont tends to be among the faster
    >> service centers.
    >> One word of caution: the marriage-based I-485 processing is currently
    >> in substantial upheaval. Cases from local offices are being transferred
    >> to the new Missouri Service Center. I suspect that you would now also
    >> have to file in Missouri rather than Vermont. Please double-check.
    >> > and lastly, why on earth does Maryland not process the I-130/I-485
    >> > concurrently?!
    >> That was an experiment. Legacy INS had planned to move all I-485
    >> processing to the service centers, but they were overloaded. So they
    >> never got beyond the point of having Maryland processed at a service
    >> center. Eventually, INS created a fifth new service center, the
    >> Missouri one, who will just handle a few specific types of cases.
    >> Family I-485s are among these cases.
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    > encourage
    >> everybody to seek competent legal counsel rather than relying on usenet
    >> newsgroups.
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >> Please feel free to enjoy some of my photographs at my Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Rainstorms

Thanks again for your response.
As a clarification, USCIS said that
- I can't use the H1-B to re-enter the country after I file I-130/I-485
- *but* if I don't, then I can apply for a new H1-B visa stamp to return
I'm sorry I didn't explain it clearer beforehand.

I'm shocked to hear that the USCIS Call Center is trained as they should be.
They could be giving out wrong information to people like me who aren't
familiar with the ins-and-outs of immigration.
In any case, I think I will just file for the I-130/I-485 after the trip as
it could cause complications if I get unlucky with a grumpy immigration
officer on the way back. All I have to do now is make sure my job is secure
until then!

Thanks!
Vicky

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > NEVER, EVER rely on anything USCIS tells you. The front-line people are
    > low-paid, low-skilled telephone operators, not lawyers (and in case that
    > comes across as dissing them: these are hardworking people with a
    > difficult job. Solid legal advice just is not in their job description).
    > Some of them actually know what they are doing, and many are eager to help
    > and give you their best guesses, but it is a crap shot.
    > The answer is actually self-contradictory: "you can't use the H-1B to
    > reenter the country" and "you can apply for a new H-1B visa and use that
    > to return" is a direct conflict.
    > Truth is that you *can* use an H-1B visa after filing an I-130/I-485, as
    > long as you also have the I-485 receipt notice with you (and since you are
    > filing at a service center, you would have that). The only possible issue
    > is your name change.
    > The expedited procedure exists, but you'd need a very good reason for the
    > urgency. Realistically, if you plan on doing that, I would suggest you
    > contact your Congressperson and ask them to help you. Congresspeople's
    > offices do have quite some pull, but you'd need to convince the staffer
    > that you really need the travel document urgently - and also that waiting
    > with filing the I-130/I-485 until your return isn't an option for you.
    > They will help you if you can justify it, but they won't just anybody who
    > walks in the door.
    > By the way, if you do take this route and apply for expedited Advance
    > Parole, remember that upon return you won't be an H-1B any more. So you
    > would also need an Employment Authorization Document to work (actually,
    > the legal situation is a bit fuzzy on that, but you really should get an
    > EAD to be safe).
    > On Thu, 18 Mar 2004 17:19:22 -0500, Rainstorms wrote:
    > > Thank you for the your response.
    > >
    > > I spoke to the USCIS Call Center and they told me that once I apply for
    > > I/-130I-485, I cannot use my H1-B to re-enter the country. But I can
    > > apply for a new visa stamp at the US Embassy using my original I-797 and
    > > I-94 card as long as I show my marriage certificate to prove the name
    > > change on my passport.
    > >
    > > They also told me I could still apply the I-130/I-485 to the VSC with a
    > > letter requesting to expedite the travel document, including evidence of
    > > travel dates. If they approve, they can grant it in 15 days. If not,
    > > they just won't respond (which is rather risky since that means I can't
    > > travel when I need to!)
    > >
    > > My question is how likely will the VSC grant the expediting request in
    > > this situation? I read that they will expedite certain processes if it's
    > > an emergency and if it has "compelling interest" to then. My reason
    > > isn't exactly "compelling", nor is it really an emergency. What
    > > experiences have you or anyone else had?
    > >
    > > Thank you again,
    > > Vicky
    > >
    > >
    > > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
    > > message news[email protected]...
    > >> On Wed, 17 Mar 2004 12:15:23 -0500, Rainstorms wrote:
    > >>
    > >>
    > >> > Hello,
    > >> > I currently have an H1-B and will be married to a US citizen in
    > >> > August this year. I plan to adopt my fiance's last name right after
    > >> > marriage and travel to my home country in December of this year. We
    > >> > plan to apply for the green card (I-130/I-485) along with a travel
    > >> > document too but we were concerned whether I will be able to re-enter
    > >> > the US after our trip. Soo.... 1. can I re-enter the country with the
    > >> > original H1-B that will have my maiden name on it? is there anything
    > >> > special I need to file/do? (then file I-130/I-485 after we return).
    > >>
    > >> I'm not sure. I suspect that you can return with your passport on your
    > >> old name, and do the name change after you return. If you do the name
    > >> change before the trip, you would need to get a new passport and a new
    > >> H-1B visa (although in practice, most likely old passport, old H-1B and
    > >> marriage certificate would probably be enough).
    > >>
    > >> Sorry, that was not a very helpful answer, but all I know about that
    > >> subject.
    > >>
    > >> > 2. if we apply for the I-130/I-485 before trip anyways, can I use my
    > >> > H1-B to re-enter the country? We're residents of Maryland and the
    > >> > only state that has to file to the Vermont Service Center instead of
    > >> > our state district office, so we're concerned whether we'd get the
    > >> > travel document back in time for the trip.
    > >>
    > >> Actually, it is entirely possible that you'd get it back faster than
    > >> people who can file locally. Vermont tends to be among the faster
    > >> service centers.
    > >>
    > >> One word of caution: the marriage-based I-485 processing is currently
    > >> in substantial upheaval. Cases from local offices are being transferred
    > >> to the new Missouri Service Center. I suspect that you would now also
    > >> have to file in Missouri rather than Vermont. Please double-check.
    > >>
    > >> > and lastly, why on earth does Maryland not process the I-130/I-485
    > >> > concurrently?!
    > >>
    > >> That was an experiment. Legacy INS had planned to move all I-485
    > >> processing to the service centers, but they were overloaded. So they
    > >> never got beyond the point of having Maryland processed at a service
    > >> center. Eventually, INS created a fifth new service center, the
    > >> Missouri one, who will just handle a few specific types of cases.
    > >> Family I-485s are among these cases.
    > >>
    > >> --
    > >> Remember, I am strictly a layperson without any legal training. I
    > > encourage
    > >> everybody to seek competent legal counsel rather than relying on usenet
    > >> newsgroups.
    > >>
    > >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > >> http://www.kkeane.com/lobbyspousal-faq.shtml
    > >>
    > >> Please visit my new FAQ at http://www.kkeane.com (always under
    > > construction)
    > >>
    > >> My email address in usenet posts is now invalid for spam protection.
    > >> See my Web site for information on how to contact me.
    > >>
    > >> Please feel free to enjoy some of my photographs at my Web site
    > >> http://www.ingopakleppa.com ! Comments are welcome.
    > >>
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.