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mycdngrl

Do We File a I-131?

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We are finishing all of the paper work for filing I-485 and I-130 to adjust from an H1B. Do we need to file an I-131 Application for Travel? Non-US citizen needs to travel to Canada in next 30 days. H1B should be valid but there is risk of layoff.


Day 1: 03/24/2012 - Sent AOS package(I-130, I-485, I-765, I-131) to Chicago Lockbox via USPS Priority

Day 3: 03/26/2012 - Delivery confirmation via USPS Priority Delivery Confirmation

Day 12: 04/04/2012 - 3 Email notifications for I-797

Day 13: 04/05/2012 - 2 of 3 checks cashed

Day 17: 04/09/2012 - I-131 rejected due to signature and "missing" fee

Day 18: 04/10/2012 - Re-sent I-131 via USPS

Day 20: 04/12/2012 - I-131 Delivery confirmation

Day 20: 04/12/2012 - I-485, I-765 NOA

Day 21: 04/13/2012 - Biometrics notice received. Appointment scheduled for 4/30/2012

Day 36: 04/28/2012 - I-131 NOA

Day 38: 04/30/2012 - Biometrics appointment

Day 55: 05/17/2012 - Received RFE

Day 60: 05/22/2012 - USCIS received RFE

Day 61: 05/23/2012 - EAD card in production notice

Day 61: 05/23/2012 - Interview notice for 6/26/12

Day 94: 06/26/2012 - Interview and approval

Day 95: 06/27/2012 - Email notification of approval.

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If the intending immigrant is going to travel then yes you need to file it.

However, I doubt you will get it back in the next 30 days...


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Hmmm. Of course it wouldn't be back within 30 days. So, don't travel to Canada once forms have been submitted? Or only travel if H1B is still valid employment wise? The date is fine (September of 2012).

What needs to be approved to be able to travel freely again?

Edited by mycdngrl

Day 1: 03/24/2012 - Sent AOS package(I-130, I-485, I-765, I-131) to Chicago Lockbox via USPS Priority

Day 3: 03/26/2012 - Delivery confirmation via USPS Priority Delivery Confirmation

Day 12: 04/04/2012 - 3 Email notifications for I-797

Day 13: 04/05/2012 - 2 of 3 checks cashed

Day 17: 04/09/2012 - I-131 rejected due to signature and "missing" fee

Day 18: 04/10/2012 - Re-sent I-131 via USPS

Day 20: 04/12/2012 - I-131 Delivery confirmation

Day 20: 04/12/2012 - I-485, I-765 NOA

Day 21: 04/13/2012 - Biometrics notice received. Appointment scheduled for 4/30/2012

Day 36: 04/28/2012 - I-131 NOA

Day 38: 04/30/2012 - Biometrics appointment

Day 55: 05/17/2012 - Received RFE

Day 60: 05/22/2012 - USCIS received RFE

Day 61: 05/23/2012 - EAD card in production notice

Day 61: 05/23/2012 - Interview notice for 6/26/12

Day 94: 06/26/2012 - Interview and approval

Day 95: 06/27/2012 - Email notification of approval.

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H1B is a dual intent visa, which means that once you file AOS you are free to travel and work as long as you maintain your H1B status. For most people filing AOS, this isn't the case, and they need AP to get back in the country. But you don't. You can take your business trip in 30 days as normal. You can still file for AP in case you lose your job and your H1B. It will take around 3 months to be approved.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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