Experts please suggest me with my I-485 Case.


mrajkumar23

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Here are my case details and my questions.

Case Type: I-485

Category: EB2 India (Employment Based)

Priority Date: November 2006

Status: Pending.

I am currently working on H1B which will expire in April 2013. But I am not having stamping (visa).

I have EAD and Advance Payroll. Till now I did not use to be safe side.

EAD Expires: August 2012

Advance Payroll Expires: November 15 2011.

I need to travel to India around November 15 2011. Here are my below options. Suggest me with below options.

  1. Go to India and get stamped it stamped while coming back. For any reason in worst cases my H1B got rejected. Can I apply Advance payroll from outside of USA and come back after approval.
  2. Apply Advance Payroll when i am in USA and collect in India and come back on AP if my h1b got rejected.
  3. Apply Advance Payroll when i am in USA and go to India after getting Advance payroll approval in hand.

If you are suggesting me to apply advance payroll recently I got an email from USCIS as below.

Receipt Number: SRCxxxxxxxxxx

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Initial Review

The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Q) To which service center I need to apply advance payroll?

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Good amount of details and clear questioning.

I would strongly advise to do :

"Apply Advance Payroll when i am in USA and go to India after getting Advance payroll approval in hand."

Where to apply? -- To the same center where you applied your last AP and EAD.

Check the AP instructions for mailing address and fee. Changes often.

Note: At any given time, you should be able to prove your legal presence during your I-485 process.

If your H1 gets rejected at India, you would be Out of Status. I don't see a chance to apply or follow on

your I-485 process.

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Ok. Thanks for reply. One more information below here.

I got notice saying that my case is transferred from TSC to NSC last week. This is where my confusion is were to apply my advance payroll.

Lets say i applied my advance payroll. if i still did not get Advance payroll by mid November 2011. can i get it mailed to my india address with any friends and come back in A.P.

Please clarify . Thanks in advance.

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