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About yshpakov

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  1. yshpakov

    Can EAD/AP or H-1B jeopardize GC

    Sorry I was not 100% clear when I said "OK. So the common sense of CBP Officers supersedes "Title 8 CFR §211.1(a)". " Of course deferred inspection is an option. And I referred to this option several times here. I meant here an option to be admitted as LPR FOR FREE if you don't have proper documentation on hand. Everyone wants money, why the USA is an exception? It's $585 fee. And look, your quotation of 8 CFR 235 refers to 8 CRF 211.1(b)(3) which I quoted above (several days ago). So your finding doesn't contain any extra options. I meant that CBP officers would give you a waiver of Form I-193 (and $585 fee) based on common sense rather than on provisions of law. Per your "doctor" comment. So you recommend me to trust some people on some forums rather than a checked professional immigration attorney (I've been proceeding with him with my H1B and GC cases for over 5 years)? I even don't know your background. Please understand me right. When I'm not sure in something I prefer to find some official texts to print them our just in case. For example, I found the "CBP Inspector's Field Manual" (see above) and I printed the relevant pages. It would be the best I could present crossing the border as a support to my just words. Do you think it would be a good idea to tell the CBP officer about some guys on some forum who said what CBP officer should do? ))) Sorry if it doesn't look polite. I really appreciate your participation it this discussion. Thank you a lot! P.S. And yes, I love digging in law texts. I'm a programmer so I'm very attentive to details by nature of my job.
  2. yshpakov

    Can EAD/AP or H-1B jeopardize GC

    OK. So the common sense of CBP Officers supersedes "Title 8 CFR §211.1(a)". Very good.
  3. No, I have not done any of listed
  4. yshpakov

    Can EAD/AP or H-1B jeopardize GC

    And I found something more: [CBP Inspector's Field Manual] Chapter 13: Returning Residents. So at least deferred inspection may be offered in case lacking evidence of alien registration. Because this chapter and section is about permanent residents of course they mean here Green Card (Form I-551, Alien Registration Card). But GC needs to be presented in a few days at deferred inspection. But maybe it's possible to show up at deferred inspection and reschedule it because your green card is still in production or on the way to your mailbox. And of course I-193 with $585 fee would be an option for lazy guys who don't want deferred inspection. But it's still not clear how CBP officers admit aliens with advance paroles with no green cards just at the secondary inspection? Is it by law or is it just by common sense and not 100% legal?
  5. yshpakov

    Can EAD/AP or H-1B jeopardize GC

    Ok guys What that I found: https://www.gpo.gov/fdsys/pkg/CFR-2011-title8-vol1/pdf/CFR-2011-title8-vol1-part211.pdf Page 201 -- Sections §211.1 Visas. (a) lists all possible options to be presented As you can see, advance parole is not listed here Page 202 Per fee I found this one: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-11630/0-0-0-12080.html So it's up to DHS officer to approve or reject your application. And you could pay $585 fee. So guys I am at least giving you references to the official documents.
  6. Hello there, Any idea who has authority to revoke/cancel/void/whatever your green card STATUS? CBP officer? Immigration officer? USCIS? DHS? Immigration Court/Judge? In other words, can CBP/immigration officer 1) seize your GC (or advance parole), 2) revoke your LPR status, and 3) send you back to your country (so called authority to make a final decision)? OR you would be allowed into the USA where you would have option to fight back at an immigration count? Still asking because my immigration attorney scared me that I can lose my GC status if I come back to the US on advance parole only (with no GC) if my GC application gets approved during my international trip. So I don't know -- maybe my attorney encountered some cases with some poorly trained CBP officers doing some wrong things... So I'd like to know in case of some crazy CBP officer, how much power does CBP/Immigration officer have? Thank you, Yury
  7. yshpakov

    Can EAD/AP or H-1B jeopardize GC

    pontevecchio and JoeF Thank you for your answers! Appreciate them a lot! But do you have any idea what could happen if by mistake (lack of knowledge/experience) a CBP officer stamped my passport as "paroled", not "admitted as LPR" (and of course in all their databases)? (What if he would not listen to me that I-485 had approved or maybe my GC app would got approved 5 minutes prior to CBP inspection so I would not even be aware of that). I read even here on this forum about such cases when CBP officers say "Are you gonna teach me what to do?!" Wouldn't it be a big deal? Or it could damage my green card status? Would it be a good idea in this case to show up to a CBP office and ask them to correct this mistaken record/stamp/whatever? Would it be possible at all to correct it after such a mistake has been made? Thank you, Yury
  8. yshpakov

    Can EAD/AP or H-1B jeopardize GC

    And what happens if a CBP officer parole me instead of admitting under GC category? I will be in parolee status instead of GC status? Would it mean that I will lose my GC status for good (like abandoned GC)? If I'm paroled and not sent to a deferred inspection -- should I show up myself at CBP office later and insist that there was an error which need to be fixed? Is it possible to do it in different CBP offices? For example, if I arrive to JFK (in New York City) where the CBP officers would make a mistake, would it be OK to show up at Dulles, VA CBP office (close to Washington, D.C.) trying to fix incorrect admission? (I live almost in DC)
  9. yshpakov

    Can EAD/AP or H-1B jeopardize GC

    Of course I saw this link before. But it's 3-year old so that's why I am re-asking -- who knows what could've changed for 3 years. This lawyer helped me 5 years ago to transfer my pretty complicated H-1B visa to another employer (I had never entered the US by that moment -- so I had no I-94, no paystubs -- that's why it was complicated). So most of his advice has been pretty correct and helpful. So in general I trust him. I'm asking because maybe there are some hidden tricky things involved. The lawyer mentioned any friend of mine who would have access to my mail box to pick up my GC and to send it to me abroad. Maybe my lawyer thinks there is a risk that they let me in under the wrong status (paroled) which could make my GC be considered abandoned? Any links to USCIS and other official organizations would be very appetited. Links that confirm that there is no problem. I myself submitted this question to CBP website. If they give me a reasonable answer I will print it out to show crossing the border.
  10. Hi there, Is it safe to travel abroad having your advance parole while your I-485 application is pending? Would CBP officers recognize my AP as a valid document to enter the U.S. after my I-485 application has approved? I asked about that my immigration attorney and they answered me the following general answer (actually looking as a copy/paste from some sort of FAQ): 1. So what do you think about that? Is my lawyer right? Should I really need to cancel my flight back and go through all this difficulties in situation like this? 2. What kind of risks to my Green Card status it could cause? CBP officers can cancel/revoke my Green Card or what? Can anyone share any official clarification on this question -- links to articles on websites of USCIS or DOS or CBP? Thank you, Yury
  11. yshpakov


    JoeF, What do you mean by "6 years"? 6 years of presence in US and working under H1B status? What about some gaps especially the gap before entering US first time? If I got H1B petition approved in 2010 and then I first time entered US to work only in 2012 (new petition, H1B transfer) how long could I work? 2010 + 6 = until 2016? or 2012 + 6 = until 2018? Thanks a lot
  12. JoeF, Thank you for such an interpretation. Your interpretation is more logical than interpratation of my prospective employer lawyer: Hmm. 2 interpretations... Which one is really correct?.. JoeF, maybe you could share some URL link supporting your opinion? Thanks a lot Best regards, Yury Shpakov
  13. JoeF, Thank you. But I met the following: What do you think about this (I mean "unless.....")? Best regards, Yury Shpakov
  14. To immigrationseeker, About new petition for djking Will it be a CAP based petition or CAP excempt petition? Will djking be available to start working as soon as petition is approved, or have to wait until October, 2012? Thanks! Best regards, Yury Shpakov
  15. Hi all, I got into trouble. And I need you help please. I have H1B petition approved for employer A (in November, 2011) I have H1B visa stamp issued for employer A (in January, 2012) Now employer A closed my position, refusing my employemt :( So I haven't entered US with H1B and so I haven't opened my H1B status (no any I-94). I interviewed recently and got a offer from company B. Company B is ready to file H1B petiton for me. Is it possible to transfer my H1B or I'm a subject of cap? So, do I need wait October, 2012 (with entering US and starting to work) or can I start working as soon as the new petition will be approved? And in this case, maybe I can enter US and start working for company B as soon as the new petition will be filed (and I don't need wait the approval)? The main problem with transfer I see is absence of: - pay stubs - I-94 Thanks a lot Best regards, Yury Shpakov