Id Usenet

Hello,
Like many others here, I am an H1B recently married to a US citizen
applying for AOS, EAD and Advance Parole. We have made it through most
of the forms without going insane, but there are some things that
require clarification:

"EAD (I-765), line 11: Have you ever before applied for employment
authorization from USCIS?"
Does this include the authorization to work for my H1B employer or is
the answer No ?

"AOS (I-485): If you have obtained a visa from an American embassy
abroad within the last year, submit a photocopy of your passport
containing the visa."
It's been 14 months since I got the visa, so no photocopy required ?

"AOS (I-485) Part 3.A: Nonimmigrant visa number"
On my visa there is a red number (unlabelled), a control number and an
employer number. Which one ?

"Biography (G-325A)"
I think these are required for I-485 as well as I-130. The downloadable
form comes as quadruplicate. Does that mean I will have to send 2x4= 8
copies of that form ?

"Biometric Services"
During my last visa application and immigration I have had pictures and
fingerprints taken. Are those still in the system or do I have to send
them the $70 to schedule another fingerprinting session ?

"Medical exam report"
What's the procedure here, do I call my local (San Diego) INS outlet
and ask to be assigned to a physician ?

"AP (I-131): Class of Admission"
What do they want there ? Temporary worker or H1B ?
Do I need to send any additional documents ? E.g. travel tickets for
the planned departure date or reason for travel (honeymoon) ?

General filing question: All these forms rely on each other (e.g. for
the alien reg. number to be assigned). Yet form I-130 goes to Laguna
Niguel while all the others end up in Chicago according to the
instructions. Is that how it works ?

Thanks!

hcj1440

File the whole package to the Chicago lockbox, including the I-130.

ian-mstm

Well, have you applied before? If yes - regardless of the visa - then say so. This isn't rocket science!


Well... d'uh!


Put them all down and avoid any problems!


I believe not all pages are alike!


Send more money!


No. Find yourself a USCIS-approved physician.


You were admitted as an H1-B, right? Well... You might want to attach a copy of your I-485 application.

Ian

john_t_05

This is an interesting question and I believe the answer is no for H1B holders unless you applied for an EAD in the past separately (for example, optional pract. training for F-1 visas, etc.). I know it sounds counter-intuitive since H is a work visa, but I believe it is technically not an EAD.

I personally would not consider a honeymoon an emergency circumstance, but my opinion doesn't matter, the USCIS' does. With AP you are actually paroled into the US when you come back, not admitted. It is not a good thing to do unless you really have to. Also, the processing will take longer than expected so don't buy your tickets quite yet. Or you can consider Hawaii, PR, or other nice US territories..

Noorah101

No, this does not include your H1B visa.

Seems by your answer that you have not obtained a visa within the last year.

Either the red number or the control number will work. They'll have a photocopy of your visa, so they can see the number they need anyway.

The I-130 requires a G-325A (4 pages) from you, and a G-325A (4 pages) from the USC. The I-485 requires a G-325A (4 pages) from you. That means you will actually be sending 3 G-325's, of 4 pages each. You can fill out the form on line, it will print 4 pages, staple them together, sign each page, and that will make 1 set.

Since you are applying for a new benefit, yes, send the $70. They will do another biometrics.

No. Go to www.uscis.gov, do a search for "civil surgeon locator", and find an approved USCIS civil surgeon in your area to get your medical done.

They want your last class of admission, whatever that was...sounds like it might have been H1B. You'll need to send whatever additional documents the I-131 requires, as listed on the instructions. *To the person who said honeymoon is not an emergency - you are correct. The AP is not an emergency travel document, it is simply a travel document. In fact, it's difficult to get one for an emergency at the last minute.*

Not all the forms and instructions have been updated since the last policy change. The whole package gets sent to the Chicago Lockbox address found on www.uscis.gov.

Best Wishes,
Rene

neil

Is AP needed in this case if the H1 remains valid? I am in the position of adjusting from an L1 and as long as this visa remained valid I could keep using that rather than AP, just wondering if AP is even necessary in this case - it might save you money if it's not.

AussieSteve

Hi,

I successfully adjusted status from H1-B and looking at a copy of my submission, here's what I put...

EAD (I-765), line 11: YES. Also indicate the office that sent you the NOA for your I-129 Petition for Non-Immigrant Worker (Vermont, in my case), and show the result (granted, in my case).

AOS (I-485): If you have obtained a visa from an American embassy
abroad within the last year, submit a photocopy of your passport
containing the visa: In your case, NO, it's been longer than 12 months.

AOS (I-485) Part 3.A: Nonimmigrant visa number: This is the red number on the lower right corner of the Visa, below the expiration date.

Biography (G-325A): You need to send a G-325A describing yourself with the I-485, and one each for yourself and your US citizen spouse with the I-130. So actually there will be three G-325A forms, and yes, send all copies (3 x 4). Make sure your spouse signs his/her G-325A, not you!

Biometric Services: You need to send the money for biometrics. Also, by the time your AOS interview and/or approval comes around, your fingerprints may well have 'expired', meaning they will need to be re-done. This happened to me, but I did not have to pay more money.

Medical exam report: Go to the USCIS web site and search for a CIS approved doctor near you. You can also call the 1-800 number and get the info that way. Once you've got the doctor's name, make your appointment and pay ya money...

AP (I-131): I never had to apply for AP, so I don't know the answer, however, the H1-B is a 'Temporary Worker' Visa, so either term will do I suspect.

General filing question: I believe that when you are concurrently filing a I-130 and I-485 (although you may be doing all the paperwork, your spouse is actually filing the I-130, not you...), they both (and all the other supporting forms and documents) go the the Chicago lock box.

Hope this helps. Answers to all of your questions can be found on the USCIS web site and/or in the directions that are included at the beginning of each form. It's a lot to take in at once, but the info is there if you dig for it.

Good luck!

Steve.

AussieSteve

Oh, forgot to add, make copies of EVEYTHING you send to them!

john_t_05

As mentioned in the instructions of form I-131:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency."

Noorah101

Interesting. That might be what it says, but that's now how it really operates, as far as I can tell. It's very easy to obtain the AP document, and is valid for any reason one must temporarily leave the USA, such as vacation, (which is not an emergency). At least on this forum, I haven't seen anyone denied AP unless it's a last-minute application for immediate travel, and USCIS decides the reason is not good enough or that enough proof of emergency is not presented. (This has even included attempts to visit dying relatives and attend funerals).

Best Wishes,
Rene

AussieSteve

Ditto. From what I've read on BE and elsewhere, it seems to me that AP is most often used for non-emergency travel, like going back to see family, sell a house, etc., and almost never used for emergency travel. By its very nature, emergency travel is usually, well, an emergency, which would require prompt action from the folks at CIS to get an AP document out in time. Sadly, the only thing that CIS seem to be able to do quickly is cash checks...

AussieSteve

Instructions on the I-131 says that if you have an H1 (and some others type too) Visa AND you have an AOS case pending, you don't need AP.

AussieSteve

That's a valid, unexpired H1 Visa of course... :-)

Id Usenet

AussieSteve, thanks for all your replies. Much appreciated !

My situation is like this: we have a honeymoon booked for end of June,
and I want to change jobs (away from my H1B employer) as quickly as
possible. If I am still with the employer by the end of June then
there's no problem (according to I-131). However, if I do manage to get
an EAD and new job in the meantime then I would need the AP to get back
in without surrendering the AOS.
Is there some sort of infoline that can tell me whether a previous H1B
qualifies as work authorization or not? There have been conflicting
statements here.

AussieSteve

Hi,

Not sure if you will be able to get a straight answer out of anyone at the CIS about whether an H1-B visa constitues a previous EAD. You could try calling what's lovingly refered to as the mis-information line, for reasons you will no doubt discover. The number is: 1-800-375-5283. To my mind, the H1-B is a work authorization document, in fact, you are only allowed to remain in the US on an H1-B if you continue to work.

All I can tell you is that I answered that question with a YES and provided the other details as I outlined in the previous post. To be honest with you, I think it is not really going to make a lot of difference whether you answer YES or NO to that question, you will be sending a copy of your the H1-B visa anyway, right? That way they can see you've already had approval to work, via the H1-B.

Oh, I forgot to mention that by answering YES to that question, your I-765 would become a request for renewal of permission to work, rather than a request for permission to accept employment. That's how I filled in that section, just under the 'Do Not Write in This Block' section, i.e. tick the box that says 'Renewal of my permission to accept employment' - and don't forget to attach a copy of your H1-B visa and the NOA for the I-129, if you still have it.

Good luck!