juz4forums

I was done with my finger prints on nov1st of 2002 as a part of my final stage in green card processing from a companty X.

I recently saw from website of california INS, that they are currently processing the cases which was received on Nov 16th of 2001.
Courtsey: http://www.usvisanews.com/pro-california.html . In what context this website is printing the result? I would like to knew your feedback.

My case of AOS along with my wife received by california BCIS on sep 20th of 2001.

I have well passed by two months as per about reports presented in that website.

I am little worried now , will they process the cases which was received earlier to the current processing case as in my case. Please let me know your views on this.

I would like to knew how long it might take to get a result from BCIS on my pending case.

Please answer to my queries at the earliest. That will be really nice.

Thanks and Regards

Ingo Pakleppa

On Thu, 10 Apr 2003 22:33:25 +0000, psmanish wrote:

    >
    > I was done with my finger prints on nov1st of 2002 as a part of my final
    > stage in green card processing from a companty X.
    >
    > I recently saw from website of california INS, that they are currently
    > processing the cases which was received on Nov 16th of 2001.
    > Courtsey: http://www.usvisanews.com/pro-california.html . In
    > what context this website is printing the result? I would like to knew
    > your feedback.

The date usually means that they put cases from November 16th, 2001 onto
the adjudicator's desks. It often takes another 30 days to process cases.

In addition, your fingerprints have expired (after 15 months). The
adjudicator will probably send you another fingerprint notice before your
case can be adjudicated.

You may want to call the service center during the daytime and ask that
they schedule new FPs for you; it may speed the process along (it's too
bad that the FPs have already expired. I did that about two months before
they expired, and it made a HUGE difference then).

    > My case of AOS along with my wife received by california BCIS on sep
    > 20th of 2001.
    >
    > I have well passed by two months as per about reports presented in
    > that website.
    >
    > I am little worried now , will they process the cases which was received
    > earlier to the current processing case as in my case. Please let me know
    > your views on this.
    >
    > I would like to knew how long it might take to get a result from BCIS on
    > my pending case.
    >
    > Please answer to my queries at the earliest. That will be really nice.
    >
    > Thanks and Regards

juz4forums

Hello Ingo Pakleppa :

I have mentioned that my fniger prints was given on Nov of 2002. Its being 5 months only. Please advoce how to relate with that website information with respect to my case.

I am not sure with what regards you have mentioned its being more than 15th months ? Can you please brief it out. I said my application was received on sep of 2001 and I had given finger prints on Nov of 2002.

Please let me know.

Ingo Pakleppa

On Fri, 11 Apr 2003 05:04:59 +0000, psmanish wrote:

    >
    > Hello Ingo Pakleppa :
    >
    > I have mentioned that my fniger prints was given on Nov of 2002. Its
    > being 5 months only. Please advoce how to relate with that website
    > information with respect to my case.

Oopss. I missed the year.

    > I am not sure with what regards you have mentioned its being more than
    > 15th months ? Can you please brief it out. I said my application was
    > received on sep of 2001 and I had given finger prints on Nov of 2002.
    > Please let me know.

I made a mistake. Ignore what I said, they won't expire until 2004.

juz4forums

Hello Ingo Pakleppa :

Good to know that they w't expire untill next year.

***********************
The date usually means that they put cases from November 16th, 2001 onto the adjudicator's desks. It often takes another 30 days to process cases.
***********************


With regards to what you have mention, what is happening with my case for which INS has received my application on sep 20th of 2001 i.e. my appilcation receipt date of AOS for which I had given my Finger Prints on Nov 1st of 2002. Is that they have started to process my application or what exactly is happening with my case? When I am expected to get any reply or response on my case?

Well at worst case If my attorney makes any enquiry of my case with BCIS will that help in speeding the case or it will affect the normal processing of my case?

Can you do update on this regards?

Ingo Pakleppa

On Mon, 14 Apr 2003 03:32:42 +0000, psmanish wrote:


    > Hello Ingo Pakleppa :
    >
    > Good to know that they w't expire untill next year.
    >
    > ***********************
    > The date usually means that they put cases from November 16th, 2001 onto
    > the adjudicator's desks. It often takes another 30 days to process
    > cases.
    > ***********************
    >
    >
    > With regards to what you have mention, what is happening with my case
    > for which INS has received my application on sep 20th of 2001 i.e. my
    > appilcation receipt date of AOS for which I had given my Finger Prints
    > on Nov 1st of 2002. Is that they have started to process my application
    > or what exactly is happening with my case? When I am expected to get any
    > reply or response on my case?

The dates BCIS gives are estimates, and individual cases can always take
longer for any number of reason. But with that caveat, it means that your
case is probably now sitting on an adjudicator's desk, and you may have a
decision within 30 days.

Do allow some more time. If you haven't heard from BCIS in about three to
six months, it may be time to inquire.

    > Well at worst case If my attorney makes any enquiry of my case with BCIS
    > will that help in speeding the case or it will affect the normal
    > processing of my case?

Shouldn't make much difference unless there is something wrong with your
case (in that case, inquiring may help), but BCIS does not want you to
inquire too much or too early (it increases their workload, and they are
stretched thin as it is).

juz4forums

Hi Ingo Pakleppa & Others

Thanks for your response.

I understood your resonse on my case i.e. I should hear pretty soon in my case any result. But just to let you know one of my another friend had given Finger Print in California on may of 2002 and he has also not heard till now anytime. I d't know how long I have to wait anyways, I shall ask My lawyer to make an enquire in sometime if we d't get any response from BCIS.

Well I have a general questions, like as of now my case is pending with BCIS for adjust of status for more than a year or so.

What If I leave USA and go to any other country for some time. Will my case still be processing OR it will be stopped.

Well assume that if my case goes through well in my favour if I leave the country for a while. What are the possibilities I can re-enter to USA.

Well, If the result is not in my favour like in the sense if they ask for any general enquiry I am not sure what will be they also OR what are the querries which I can full fill them If I am not in USA.

Please response to my email..

Ingo Pakleppa

On Tue, 22 Apr 2003 18:41:47 +0000, psmanish wrote:


    > Hi Ingo Pakleppa & Others
    >
    > Thanks for your response.
    >
    > I understood your resonse on my case i.e. I should hear pretty soon in
    > my case any result. But just to let you know one of my another friend
    > had given Finger Print in California on may of 2002 and he has also not
    > heard till now anytime. I d't know how long I have to wait anyways, I
    > shall ask My lawyer to make an enquire in sometime if we d't get any
    > response from BCIS.
    >
    > Well I have a general questions, like as of now my case is pending with
    > BCIS for adjust of status for more than a year or so.
    >
    > What If I leave USA and go to any other country for some time. Will my
    > case still be processing OR it will be stopped.

If you leave the US with either an H-1B visa or with Advance Parole, then
your processing will continue. If you leave without either, then it will
be considered abandoned.

    > Well assume that if my case goes through well in my favour if I leave
    > the country for a while. What are the possibilities I can re-enter to
    > USA.

Do you mean, AFTER you have your Green Card? That is a very different
reason. In that case, the answer depends on how long you were absent, what
your intention was when you left the US, and most importantly whether you
maintained a residence in the US.

    > Well, If the result is not in my favour like in the sense if they ask
    > for any general enquiry I am not sure what will be they also OR what are
    > the querries which I can full fill them If I am not in USA.

I'm not sure what you mean here.

juz4forums

Hello Ingo Pakleepa and others..


**************
If you leave the US with either an H-1B visa or with Advance Parole, then
your processing will continue. If you leave without either, then it will
be considered abandoned.
----------------------
"Well, If the result is not in my favour like in the sense if they ask for any general enquiry I am not sure what will be they also OR what are the querries which I can full fill them If I am not in USA. "
**************

Well what I ment in above "...." is that what if they (BCIS) have any enquiry on my pending AOS case, while I leave US with ADP or H1B. How do I answer those querries is what I would like to know. If it is something I can do via lawyer to answer there querries when i am in foreign country is that okay with BCIS.

Hope you got what i meant here. If still not clear let me know.

Ingo Pakleppa

On Tue, 22 Apr 2003 21:28:44 +0000, psmanish wrote:

    >
    > Hello Ingo Pakleepa and others..
    >
    >
    > **************
    > If you leave the US with either an H-1B visa or with Advance
    > Parole, then
    > your processing will continue. If you leave without either, then it will
    > be considered abandoned.
    > ----------------------
    > "Well, If the result is not in my favour like in the sense if they ask
    > for any general enquiry I am not sure what will be they also OR what are
    > the querries which I can full fill them If I am not in USA. "
    > **************
    >
    > Well what I ment in above "...." is that what if they (BCIS) have any
    > enquiry on my pending AOS case, while I leave US with ADP or H1B. How
    > do I answer those querries is what I would like to know. If it is
    > something I can do via lawyer to answer there querries when i am in
    > foreign country is that okay with BCIS.

That would be OK, and responding yourself from outside the US also would
be OK.

    > Hope you got what i meant here. If still not clear let me know.
    >
    > --
    > Posted via http://britishexpats.com

juz4forums

Hi Ingo Pakleppa & Others :

*********************
If you leave the US with either an H-1B visa or with Advance Parole, then your processing will continue. If you leave without either, then it will be considered abandoned.
*********************

I asked if the green card will continue processing while I am out of USA and you suggested above two options.

I would like to know since I have two original of advance parole which I applied for final stage of green card. Both expires on jan of 2004. So how I am suppose to use the advance parole assuming i.e. which I got from BCIS two originals.

Okay if the green has to be continue how do BCIS know If I have left on H-1B visa or advance parole while exiting USA.

Say if I am going with H1-B visa but my h1b is say not valid in few months like two or three months after I am out of USA in other words I got lay off? Since my application was received by BCIS on sep of 2001 and I got finger print on nov of 2002.

Given the above scenario can you please answer my querries.

Hope I am clear.

Ingo Pakleppa

On Fri, 09 May 2003 01:45:24 +0000, psmanish wrote:

    >
    > Hi Ingo Pakleppa & Others :
    >
    > *********************
    > If you leave the US with either an H-1B visa or with Advance Parole,
    > then your processing will continue. If you leave without either, then it
    > will be considered abandoned.
    > *********************
    >
    > I asked if the green card will continue processing while I am out of USA
    > and you suggested above two options.
    >
    > I would like to know since I have two original of advance parole which I
    > applied for final stage of green card. Both expires on jan of 2004. So
    > how I am suppose to use the advance parole assuming i.e. which I got
    > from BCIS two originals.

I'm not sure I understand what you are saying here. Generally, A/P
consists of either two or three separate pieces of paper. One should be
marked "for airline" and the other(s) are for BCBP. So you need to take
both of them on your trip.

    > Okay if the green has to be continue how do BCIS know If I have left on
    > H-1B visa or advance parole while exiting USA.

They don't. The law says that processing stops when you leave the US, but
in reality, BCIS won't even care until the I-485 is being adjudicated. At
this point, they will look at your record and see that you returned using
an H-1B or an A/P.

    > Say if I am going with H1-B visa but my h1b is say not valid in few
    > months like two or three months after I am out of USA in other words I
    > got lay off? Since my application was received by BCIS on sep of 2001
    > and I got finger print on nov of 2002.

In that case, you must not use the H-1B. Using it anyway would be
immigration fraud. It is possible that the I-485 is approved anyway, but
you would then have to return it or be accused of immigration fraud for
misusing an H-1B visa.

In this case, you must either use A/P, or you must get a new H-1B petition
from your new employer.

--
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 visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.

My email address in usenet posts is now invalid for spam protection.

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

juz4forums

Hi Ingo Pakleppa

*************************************************
I'm not sure I understand what you are saying here. Generally, A/P consists of either two or three separate pieces of paper. One should be marked "for airline" and the other(s) are for BCBP. So you need to take both of them on your trip.
*************************************************

Well I got only 2 seprate piece of papres on A/P. I d't see any marked like 'for airline' either in any of those A/P. So how I am suppose to use them when I am going out of US.


*************************************************
In that case, you must not use the H-1B. Using it anyway would be immigration fraud. It is possible that the I-485 is approved anyway, but you would then have to return it or be accused of immigration fraud for misusing an H-1B visa.
*************************************************

Well assuming I am out of US & I have given a local contact address of my brother for any correspondence. Then if green card process coutinous and if it gets approved then how will I get my green card as I am out of US.

Is that I have to enter to the US either via A/P or via new H1B to get my green card. OR If my brother mails me the green card I can just like that enter US with green card without having any h1b or a/p.

Please let me know your views on my querries.

Thanks and Regards

Manish

Well assuming I am out of US & I have given a local contact address of my brother for any correspondence. Then if green card process coutinous and if it gets approved then how will I get my green card as I am out of US.
--- ---If you have valid H1B visa stamp and maintaining H1B status with you employer you can enter on H1b, if used EAD then enter on AP, you have 2 copies of AP, when you depart US nobody is going to ask you any question you have to surrender you I-94 at airline counter, while you are coming to US from your home country when you take the flight for US then you have to show your AP to Airlines and when you reach US you have to show your AP to BCBP Inspector and they will keep one copy and will stamp the other copy and will give it to you. You have to enter US before your AP expires if you don’t enter before AP expiry date your I-485 or AOS will be abandoned, but if your I-485 is approved while you are out of US you can come back if you have valid AP or Valid H1 Visa and can go to Local BCIS office to get your passport stamped for temporary GC and the actual GC Card will be mailed to you later

Is that I have to enter to the US either via A/P or via new H1B to get my green card.
----- YES, if you have valid H1 status and valid H1b visa stamp in your passport then you can enter on H1B, if H1b is expiring your employer can file for H1 extension and then you can get new H1B Visa stamp in your passport after you get H1b status extension approval from BCIS
OR If my brother mails me the green card I can just like that enter US with green card without having any h1b or a/p.
--- You have to visit local BCIS office to get GC stamp in your passport at that time they may ask for W-2, tax papers, Employer letter, recent pay stubs, may have to take new medicals if expired

Ingo Pakleppa

On Tue, 13 May 2003 22:07:46 +0000, psmanish wrote:


    > Hi Ingo Pakleppa
    >
    > ************************************************* I'm not sure I
    > understand what you are saying here. Generally, A/P consists of either
    > two or three separate pieces of paper. One should be marked "for
    > airline" and the other(s) are for BCBP. So you need to take both of them
    > on your trip.
    > *************************************************
    >
    > Well I got only 2 seprate piece of papres on A/P. I d't see any marked
    > like 'for airline' either in any of those A/P. So how I am suppose to
    > use them when I am going out of US.

They may have changed it. Simply take both pieces of paper, and show both
to the airline when returning. Do be aware that some airline employees may
not be familiar with A/P, so you may have to do some explaining. I had
that problem with Delta in Frankfurt. A call to a supervisor may be
necessary.

Once you arrive in the US, again show both to the BCBP officer. He'll send
you to secondary inspection, where they'll know what to do with it.

By the way, you still do need to fill out an I-94.

    > ************************************************* In that case, you must
    > not use the H-1B. Using it anyway would be immigration fraud. It is
    > possible that the I-485 is approved anyway, but you would then have to
    > return it or be accused of immigration fraud for misusing an H-1B visa.
    > *************************************************
    >
    > Well assuming I am out of US & I have given a local contact address of
    > my brother for any correspondence. Then if green card process
    > coutinous and if it gets approved then how will I get my green card as I
    > am out of US.

The legal situation is that in this case, the I-485 is deemed to have been
approved the day you return using an H-1B or A/P.

I don't recall the context of your post and why I had said that you
couldn't use your H-1B - maybe because you lost the underlying job in the
meantime?

    > Is that I have to enter to the US either via A/P or via new H1B to get
    > my green card. OR If my brother mails me the green card I can just like
    > that enter US with green card without having any h1b or a/p.

Your brother wouldn't get the Green Card, but rather an approval notice.
You need to take this approval notice to a local BCIS office in the US to
actually get your Green Card stamp. Until you do that, the approval notice
is just a piece of paper and is meaningless at the airport.

In practical terms, you COULD try one thing, but this is extremely risky:
travel to the US anyway and ask to be not admitted but paroled into the US
in order to get the I-485 approval taken care of. Also, the BCIS officer
can waive the requirement for a visa at the airport, although there will
be a fine involved for you, and possibly also for the airline.

The main risks are that this likely will not work, and also that it draws
attention and scrutiny to any possible problem in your case.

--
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 visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.

My email address in usenet posts is now invalid for spam protection.

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