EAD still not received?? I am travelling

[GC1981 0]

Hi Friends,

USCIS accepted my package on 30th September, 2013. I moved to a different city and as per USCIS thry mailed my EAD/Parole to my old address and it was undelivered .

Due to my dad's serious health condition, I had to leave US this 25th. Before leaving US , I went to the USCIS office and asked them to give atleast some documents to show that my Green Card is in processing but they were too rude an told me you EAD is aproved and we can't do anything and you should wat for your card. Now , I see it on USCIS website and status says " Card/ Document Production " .

So I asked my friend to ship the card as soon he got this in mail.

My question is , if it in worst case , I don't get this card, can i still travel with my application info and tell them my EAD/parole is approved.

I do have a H1-B too but it is not stamped. So should I go for stamping or wait for atleast 2 weeks for my card to be here in India.

Does anyone has ever faced this kinda situation ? I would really appreciate all your replies. That would be a great help to me.

Thanks.

[kzielu 1,153]

If you left before your AP was approved, you abandoned your AOS... If it was approved before your departure, you'll be fine.

[GC1981 0]

Abandoned my AOS? can you please elaborate?

[Dave&Roza 748]

Abandoned my AOS? can you please elaborate?

Since you state that you sent off your package and it was accepted by the USCIS on 30 September 2013, we can only assume that you applied for adjustment of status (AOS) .

You also applied for AP/EAD which was approved and sent to your old address--did you file an AR-11 on-line and follow the directions for a pending application? So now you have left the country without having the proper documentation in hand. At least you were approved for the AP before you left the country. If you have left and then the AP was approved, the USCIS would have considered your AOS abandoned and would in turn deny your application for a GC. The USCIS considers any potential LPR to have abandoned their application f they leave the US without the proper re-entry documents--i.e. AP or the GC. It is part of the CFR that applies to immigration law. Now you have to hope you can get the AP into your hands before returning to the US or you will not be allowed to board the airplane. The airlines will be your biggest obstacle in being able to return to the US. There are some that think the AP is still a piece of paper and give people with the actual plastic card a very hard time--Frontier in Mexico was mentioned here on VJ. So you may want to check with your airlines to see how much grief you will get if any. I would have the friend send it the most secure way possible because if you lose it you will have to deal with the US Embassy/Consulate in your country in order to get a travel document to return to the US.

Good luck,

Dave

Edited December 26, 2013 by Dave&Roza

[GC1981 0]

Thanks Dave. It was an emergency . I had to leave the country and I had no options. I went to the USCIS office and asked them to give me some document as a evidence for me to return back to US but they were kinda rude and told me straightforward that this is the only option . They told me that my EAD/Parole was approved on 3rd Dec, 2013 . Anyways, I checked my status and I have the USPS tracking number with me. I already told my friend to pick it up from USPS and send it to me. I created this thread to just see if any other applicant has faced the same situation. I did send all packages including AOS and EAD/AP. In worst case, if I don't get the card, I just want to have some backup with me. I was thinking :

1) I will change my address again and this time I will change it to my wife's address and will ask USCIS to send me the card again. I am sure this will take another 3-4 weeks.

2) Try to get stamping on my approved H1-b document which is a big hassle.

3) May be go to embassy here in India and asked them any kind of documents. I have all my NOC from USCIS with me . For this option i.e. going to US embassy in India , I have no clue what should I do . I would really appreciate if someone can give me some guidance.

Thanks in advance.

[NigeriaorBust 4,087]

You left the US without valid authorization to return in your hand. You may be looking at your wife filing a CR1 and you waiting it out in India. You are NOT supposed to mail green cards outside the US and it is questionable if the embassy will give you travel documents.

[Dave&Roza 748]

Thanks Dave. It was an emergency . I had to leave the country and I had no options. I went to the USCIS office and asked them to give me some document as a evidence for me to return back to US but they were kinda rude and told me straightforward that this is the only option . They told me that my EAD/Parole was approved on 3rd Dec, 2013 . Anyways, I checked my status and I have the USPS tracking number with me. I already told my friend to pick it up from USPS and send it to me. I created this thread to just see if any other applicant has faced the same situation. I did send all packages including AOS and EAD/AP. In worst case, if I don't get the card, I just want to have some backup with me. I was thinking :

1) I will change my address again and this time I will change it to my wife's address and will ask USCIS to send me the card again. I am sure this will take another 3-4 weeks.

2) Try to get stamping on my approved H1-b document which is a big hassle.

3) May be go to embassy here in India and asked them any kind of documents. I have all my NOC from USCIS with me . For this option i.e. going to US embassy in India , I have no clue what should I do . I would really appreciate if someone can give me some guidance.

Thanks in advance.

Okay, you were approved for the AP/EAD BEOFRE your departure from the US. That is at least a good thing. Now the problem you have is no AP/EAD card in your hand to show the airlines to allow you to board the airplane. The problem with not having proper documentation is a two fold problem. The first is getting on the aluminum tube to get back to the US and then deal with the CBP people. CBP can look you up and see you have a valid AP/EAD and can allow you to enter the US without it. However, the airlines, due to agreements with the US government, will not let you anywhere near the airplane without the AP/EAD, a GC, a valid travel document issued by a Consulate/Embassy, or a valid visa.

You hope your friend gets the AP/EAD card and sends it to you. You hope that is arrives in time and safely. If not, you can go to the Embassy/Consulate and explain how your AP/EAD card is not with you and then you hope they issue you some form of travel documents. If not, you wait for your friend to receive the GC and he again sends it to you and hopefully it arrives safely and you enter the US on your GC. You are trying to become a LPR and using your H1-b visa will cause you all kinds of problems.

I realize this was an emergency and you feel you had no choice, but in life there are always choices and you have made yours and now you have to hope that it will work out. If it doesn't, you will not be able to enter the US until your wife files for a spousal visa, but I have a feeling that the marriage is over because you state you could have it re-sent to your wife's address which implies your address is different. If I am correct, then you had better hope and pray that the AP/EAD card arrive at your home safely, your friend gets it and sends it to you in the quickest and safest way possible. That customs in India does not deny its entry or in some way holds it up and that you finally receive it before you are ready to leave.

Good luck,

Dave

P.S. I realize that I say HOPE a lot in this reply. The reason I do that is to indicate that YOUR fate of being able to re-enter the US is in someone else's hands right now. There are no guarantees until you have the actual physical card in your hot little hands. A lot can go wrong. It usually doesn't, but when it does it can really screw up someone's life.

Edited December 29, 2013 by Dave&Roza

[Darnell 8,479]

Combo EAD/AP card can be sent again,

if the OP calls USCIS, talks with a Tier 2 Human, an ISO, about returned mail pieces,

and sent to any address in the USA.

----

If the OP has a 'mail forward order' in place, the green card will not be forwarded to the other address, at all.

---

OP is relatively lucky, USCIS still thinks the Adjustment of Status is viable. I recommend not talking with the Consulate/Embassy about this, and instead, making arrangements for the Combo Card and the Green Card, to be shipped to him/her, later. However, should he let it slip, over the phone, that he's out of the USA, a sharp ISO will decide another path for the OP, and it doesn't include USA residency.

[Hypnos 6,578]

If the OP is adjusting from H-1B as they indicate then they do not require AP to be either approved or in their possession to be able to enter and leave the US without abandoning their AoS application.

The easiest solution in this case is likely to re-validate the H-1B and enter the US on it. That's it. You can then take possession of the EAD / AP card once you return to the US.

Edited December 30, 2013 by Hypnos

[GC1981 0]

Thanks a lot for all your suggestion and it means a lot to me. I checked my status and I will be getting the combo EAD/AP on Monday. My friend will email me the scanned copy and either mail me or my wife who is visiting me next month and will bring it along with her. Worst part of all this painful process is that USCIS never try to understand and help you in these kind of situation . Instead they make it worse. I heard it on this forum that if you have approved EAD/AP card , you can get some kind of stamping on your passport but all my effort was in vain. I do have an approved H1-B but getting stamp on my H1-B is even tougher and as you guys said it will void my GC process . So I will rather wait for combo card and I strongly hope that I will get it soon. I will keep you guys updated of my situation.

I just want to say that this forum is of great help .

Thanks guys

[Hypnos 6,578]

H-1B is dual intent, meaning it will not interfere with your green card process in any way.

[Darnell 8,479]

Worst part of all this painful process is that USCIS never try to understand and help you in these kind of situation . Instead they make it worse.

It sounds like you not punch through to an ISO, a Tier 2 Human. What you've described is the norm for CSR interaction.

[GC1981 0]

Darnell.

Can you please elaborate what you mean here? You mean should I inform USCIS about my current situation ? I am just worried if I let them know about my current situation, they will probably cancel my whole application.

Guys,

One more question out of curiosity, My online status still says testing and Interview. My wife will be visiting me next month and so is this anyhow possible to have my interview here in India? If a USC sponser someone sitting in India , How long will this take, keeping in my mind that my case was already filed in US and I had to fly dude to my family emergencies . Should I hire an attorney back in US?

I am waiting for someone who already has faced such situation and I want to know how they dealt with it. I would really appreciate all replies.

Thanks.

[Hypnos 6,578]

There isn't anything USCIS can do for you that they haven't already done (they've issued your EAD / AP already). They cannot interview you outside of the US.

As I said above, H-1B is dual intent, so if that is the visa you're adjusting from then there isn't a problem. Either get your H-1B re-validated and enter on that, or obtain your EAD / AP combo card and enter on that; it doesn't matter which you do.

[Darnell 8,479]

Darnell.

Can you please elaborate what you mean here?

No. If what I wrote seems confusing, read it again, making if/then/else constructs, pencil to paper.