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Citations for ILW.COM's Seminar
H-1B For Beginners
Session 3 held on April 9, 2009

For more info, or to signup online, click here.
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From Cora D. Tekach

AC21 Guidance, generally:

Beyond the 6th year:

  • On October 18, 2005, the Acting Deputy Director, designated a decision of the Administrative Appeals Office (AAO) in Matter of Al Wazzan (January 12, 2005) as a USCIS Adopted Decision.
  • On December 27, 20051, the Office of Field Operations issued a memorandum entitled Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
From Karen Weinstock

Questions:

  1. H status holder with valid H visa (while in the US, the individual has maintained his/her H status), has no Advance Parole, traveled abroad and prior to returning to US discovered I-485 is approved, any regulation/USCIS memo stating how the individual can be readmitted back to US as not to jeopardize his/her permanent resident status and naturalization in the future. H-1B/H-4 or L-1/L-2 status holder is exempt from using AP for US admission.
  2. H status holder with valid H visa (while in the US, the individual has maintained his/her H status), has no Advance Parole, traveled abroad and readmitted on H status. Upon returning to US, the individual discovers that his/her I-485 is approved and the card is waiting at home. Is there any regulation/USCIS memo stating whether the individual needs to do anything as not to jeopardize his/her permanent resident status and naturalization in the future. H-1B/H-4 or L-1/L-2 status holder is exempt from using AP for US admission.
  3. H status holder has valid Advance Parole to cover period of travel abroad, traveled abroad and prior to returning to US discovered I-485 is approved. Will use AP for US admission. Is there any procedure the individual needs to follow at US port of entry so as not to jeopardize his/her permanent resident status and naturalization in the future.
  4. H status holder has valid Advance Parole to cover period of travel abroad, traveled abroad and is admitted as a parolee. Upon returning to US, the individual discovers that his/her I-485 is approved and the card is waiting at home, any regulation/USCIS memo stating whether the individual needs to do anything as not to jeopardize his/her permanent resident status and naturalization in the future.
  5. Upon discovering I-485 is approved while not in US, some one mails the individual his/her Permanent Residence Card and the individual then use it to enter the US as a permanent resident. The individual is admitted as a permanent resident. Is there any regulation/USCIS memo prohibiting this and will this jeopardize his/her permanent resident status and naturalization in the future.
Answers:

  • 1 and 2: Look at 8 CFR 245.2 (a) (4) (ii) (C) and May 25, 2000 Michael Cronin/ Thomas Cook memo
  • 3 and 4: There is a procedure at the port of entry to be admitted as a permanent resident even when AOS is approved while the person is abroad - by informing to CBP and entering with a parole/visa/another document and I-485 approval notice or receipt (they can check the system that it has been approved). If the person did not enter best thing is to depart and reenter as a permanent resident or go to deferred inspections.
  • 5: When a person is admitted as LPR there is no issue.


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