485 (GC), Ead , AP, Spillover issues

[csrcsr]

Just now, perugu_vada said:

If we want to use h1 and not use ead/ap not sure wat is the real worth of applying i131 ? 

H1 stamping expiry ayindi anuko ipudu consulates lo close unatlu undi , India ninchi phone vachindi anuko for emergency travel em chestav bro at least you can enter back after you attend the emergency

[PakshiRaja]

1 minute ago, csrcsr said:

 

Antha clear ga raasthe valid live example unaka false information endi uncle 🤣🤣 clear ga chepadu

uncle nuvvu H1 meeda vachinava US ki. Malli chaduvuu

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131

[tacobell fan]

1 minute ago, PakshiRaja said:

@tacobell fan anna not needed.

https://www.murthy.com/2019/03/11/uscis-revises-policy-on-travel-while-ap-is-pending/

If you carefully read the policy says they will deny your AP but in case if USCIS makes a mistake and approve AP because they are not aware that you left country you will be screwed. 

They say they will deny AP if you leave country and it won’t impact pending 485, which is exactly what happened in @perugu_vada uncle case they denied 131 but no issue with 485 but that doesn’t mean he should not apply new one to keep 485 processing further. 

Change in Policy

Without any warning, in 2017, the USCIS changed its policy regarding travel with a pending I-131 application. Suddenly, the USCIS took the position that, if an I-131 application is pending, the application for AP will be denied, regardless of whether the applicant can return in a qualifying status. So, while the travel would not necessarily impact the pending I-485, this policy change made obtaining an AP document more challenging.

[perugu_vada]

3 minutes ago, PakshiRaja said:

Did you check the policy. Maa attorney kuda chepadu no issues and new AP is not required. AP approval chesemundu they check the travel history bro @perugu_vadacheck your  i94 

My i94 is valid till Jan-2022 that is when my h1 expires, new h1 extn applied a month back . It is in progress

[PakshiRaja]

Just now, perugu_vada said:

My i94 is valid till Jan-2022 that is when my h1 expires, new h1 extn applied a month back . It is in progress

Bro check with Murthy law firm, neeku AP approval ravali

[perugu_vada]

2 minutes ago, csrcsr said:

H1 stamping expiry ayindi anuko ipudu consulates lo close unatlu undi , India ninchi phone vachindi anuko for emergency travel em chestav bro at least you can enter back after you attend the emergency

That’s wat I thought too 

[tacobell fan]

4 minutes ago, PakshiRaja said:

Did you check the policy. Maa attorney kuda chepadu no issues and new AP is not required. AP approval chesemundu they check the travel history bro @perugu_vadacheck your  i94 

Don’t be fooled. Not all Attorney’s are capable. Fragomen screwed my friend’s brother case. They are literally crying when they are supposed to get 485 approved due to silly mistake of not letting USCIS know about entry/exit.

[csrcsr]

1 minute ago, PakshiRaja said:

uncle nuvvu H1 meeda vachinava US ki. Malli chaduvuu

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131

Haha ledu le bro edo janitor mida vacjina here the ap is not unexpired it's not even issued its new Ap vandala mandhi adigaru

100s of attorneys replied it will be invalidated and here is the example today

However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.

[tacobell fan]

Just now, PakshiRaja said:

Bro check with Murthy law firm, neeku AP approval ravali

No, AP approval is not mandatory, you can get 485 approved but AP need to be applied to keep your dates up to date. That’s the correlation between AP and 485.

[perugu_vada]

Just now, PakshiRaja said:

Bro check with Murthy law firm, neeku AP approval ravali

My attorney says uscis will likely deny AP if u travel outside country while application in progress ani clear ga mention chesadu when my downgrade was filed on oct-30-2020, he stated same now too when I asked why i131 was denied , when my i765 is approved

[PakshiRaja]

2 minutes ago, tacobell fan said:

If you carefully read the policy says they will deny your AP but in case if USCIS makes a mistake and approve AP because they are not aware that you left country you will be screwed. 

They say they will deny AP if you leave country and it won’t impact pending 485, which is exactly what happened in @perugu_vada uncle case they denied 131 but no issue with 485 but that doesn’t mean he should not apply new one to keep 485 processing further. 

Change in Policy

Without any warning, in 2017, the USCIS changed its policy regarding travel with a pending I-131 application. Suddenly, the USCIS took the position that, if an I-131 application is pending, the application for AP will be denied, regardless of whether the applicant can return in a qualifying status. So, while the travel would not necessarily impact the pending I-485, this policy change made obtaining an AP document more challenging.

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131

 

 

Conclusion

It is unfortunate that the USCIS is continuing to deny I-131 applications for those who travel abroad in qualifying statuses. Still, at least the updated policy does allow stakeholders with valid AP to travel without jeopardizing the pending I-131 applications.

[csrcsr]

1 minute ago, PakshiRaja said:

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131

 

 

Conclusion

It is unfortunate that the USCIS is continuing to deny I-131 applications for those who travel abroad in qualifying statuses. Still, at least the updated policy does allow stakeholders with valid AP to travel without jeopardizing the pending I-131 applications.

Good thing @perugu_vada at least they denied yours heard some people got approved ap similar cases like you if you use that AP heard there will be other problems to correct them with SR chasing uscis

[tacobell fan]

1 minute ago, PakshiRaja said:

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131

 

 

Conclusion

It is unfortunate that the USCIS is continuing to deny I-131 applications for those who travel abroad in qualifying statuses. Still, at least the updated policy does allow stakeholders with valid AP to travel without jeopardizing the pending I-131 applications.

But USCIS is not honoring cases based on this. Some cases they are denying AP. Some cases they are approving AP when you left and came back which keeps things more fragile and I wouldn’t recommend anyone take chances at this stage. Keeping application clean always best thing instead taking guess or showing kakruthi for money by not applying necessary petitions.

[PakshiRaja]

2 minutes ago, tacobell fan said:

But USCIS is not honoring cases based on this. Some cases they are denying AP. Some cases they are approving AP when you left and came back which keeps things more fragile and I wouldn’t recommend anyone take chances at this stage. Keeping application clean always best thing instead taking guess or showing kakruthi for money by not applying necessary petitions.

I don't know but people got AP and 485 approvals with no issues. Murthy law firm kuda confirmation ichadu

[perugu_vada]

2 minutes ago, tacobell fan said:

But USCIS is not honoring cases based on this. Some cases they are denying AP. Some cases they are approving AP when you left and came back which keeps things more fragile and I wouldn’t recommend anyone take chances at this stage. Keeping application clean always best thing instead taking guess or showing kakruthi for money by not applying necessary petitions.

Uncle question, my friend pd is current, he filed on oct-28-2020, he did not get ead/ap or anything till now

he has to travel to India this yr for sure for family thing, so wat shall he do ? I mean the process he shall follow to make sure his 485 does not get screwed ? He did not submit Medicals when downgrade application was sent