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INFOPASS for Emergency AP

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  • INFOPASS for Emergency AP

    Hello,

    I and my wife currently are on AOS. Our Priority Date is December 2003 under EB-3 category. My (primary applicant) I-485 was applied in July 2007 and I-140 was approved in december 2006. 3 months ago, I left my job and started my own business in the same job category for which my I-485 was filed. My last employer sent a notice to USCIS that they do not intend to support my H1B when quit the job but have not sent anything for I-140. I am sending AC21 portability paperwork to my attorney either tomorrow or the day after. Meanwhile, I have an emergency to travel to India to see my sick dad and tomorrow(Monday May 18, 2009)I have an appointment with INFOPASS for advance parole. Do you think, it can be an issue getting AP at local office(under emergency) since I have not updated USCIS with AC21, especially since USCIS has on record that my previous employer lon longer intend to support my H1B (which was expiring April, 2010).

    Anyone's help will be highly appreciated.
    Last edited by VA_dude; 05-17-2009, 11:44 AM. Reason: spelling errors

  • #2
    AFAIK, Emergency AP will be issued only if you have an AP application that is pending with a service center. Update the forum on what your result from Infopass visit is.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      INFOPASS for AP without AC21 on record

      I definitely will update the forum. My question still remains-

      Does it pose a risk since I have not updated USCIS with AC21 and they have on record that my previous employer does not intend to support my approved H1B anymore?

      Should I cancel the appointment and wait till AC21 paperwork is filed with USCIS?

      What does the word "AFAIK" stand for?

      thanks,

      Comment


      • #4
        AC21 is not mandatory but a good to have. AC21 can be submitted to the IO even during an interview or at any time. It is however suggested that if the employer is cancelling the 140, AC21 record be on file as USCIS may issue a NOID.



        Filing or non-filing of AC21 will impact AP only if the 485 is in question.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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