tb2904
12-21 07:47 PM
1. Fly directly to your home country - No transit visa required and no valid US visa required
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
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sidd_k2002
03-24 07:30 PM
Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
som_yad
08-14 07:30 PM
I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
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amaran18
08-13 04:30 PM
First of all, Congrats !!
You should talk to a lawyer to get this clarified.
You should talk to a lawyer to get this clarified.
more...
vin13
03-09 01:17 PM
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
eilsoe
10-02 02:42 PM
haha, flex, i think pom is talking about my game (project)... :P
Now where's that wallpaper section...?
Now where's that wallpaper section...?
more...
GCwaitforever
07-12 07:29 AM
Part of the problem is the employers do not have a long term plan for their companies. They are always on look out for a fast buck. If employee satisfaction and client satisfaction are more, the company has better chance of growing. Typically when the client is satisfied, the company gets more projects and this way the set-up costs like relocation, travel expenses come down. Companies can not break the law just because they are not able to make a profit.
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piyu7444
02-24 03:16 AM
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
more...
485Mbe4001
05-24 11:41 PM
fax sent, thanks
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factoryman
02-09 07:12 PM
this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.
This is a blog. Its not a credible source of information.
This is a blog. Its not a credible source of information.
more...
krishnam70
07-05 04:16 PM
Eom
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gconmymind
04-24 02:34 PM
This is the first time I have seen so many approvals with such regular frequency. Congrats to everyone who got approved. It is also a good sign for all of us still waiting...
more...
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whitecollarslave
02-13 01:27 PM
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.
This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.
Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.
This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.
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Arvin_H1
08-19 02:33 PM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
more...
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milind70
07-25 12:27 AM
I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?
Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.
Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.
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ramidiskr
01-09 04:19 PM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
I would be maintaining my H-1 status all the way through......
Please advise!!!
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
I would be maintaining my H-1 status all the way through......
Please advise!!!
more...
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moonrah
10-23 02:46 PM
Be proactive and do it ASAP.
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ivgclive
06-05 08:39 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
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ArkBird
12-08 03:40 PM
How? We are not citizens.
ksrk
06-29 03:36 PM
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
I used TravelGuard. It was perfectly suited for the Schengen visa application. It cost ~$30 for the coverage amount the visa requires. There might be others, but this worked really well for me.
What are my options. Can you guys suggest where I can buy the insurance from.
I used TravelGuard. It was perfectly suited for the Schengen visa application. It cost ~$30 for the coverage amount the visa requires. There might be others, but this worked really well for me.
factoryman
06-19 01:04 PM
Last night I didn't stay at the Holiday Inn. FIFO.
or did you ask for this:
Step-by-Step Guides
ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.
STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.
a) A copy of all approval notices received from the USCIS
b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)
c) A copy of every page of the passport
d) A copy of your marriage certificate
e) A copy of the divorce decree from any previous marriages of yourself or your spouse
f) A copy of the birth certificate for each family member adjusting status with you
g) A copy of your income tax returns for the past three years
Please Note: If a document is not in English, then you should provide an English Translation.
DOCUMENT TRANSLATION INSTRUCTIONS
TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE
ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)
STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.
Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.
FORM G-325
Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.
After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.
STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.
DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.
To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf
MEDICAL EXAMINATION INSTRUCTIONS
STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.
USCIS Photograph Instructions
MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.
MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.
The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.
A foreign national can extend his H or L status even after filing the I-485 application.
TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.
OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil
or did you ask for this:
Step-by-Step Guides
ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.
STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.
a) A copy of all approval notices received from the USCIS
b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)
c) A copy of every page of the passport
d) A copy of your marriage certificate
e) A copy of the divorce decree from any previous marriages of yourself or your spouse
f) A copy of the birth certificate for each family member adjusting status with you
g) A copy of your income tax returns for the past three years
Please Note: If a document is not in English, then you should provide an English Translation.
DOCUMENT TRANSLATION INSTRUCTIONS
TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE
ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)
STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.
Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.
FORM G-325
Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.
After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.
STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.
DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.
To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf
MEDICAL EXAMINATION INSTRUCTIONS
STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.
USCIS Photograph Instructions
MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.
MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.
The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.
A foreign national can extend his H or L status even after filing the I-485 application.
TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.
OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil