InfoPass - More confused

[Bobby]

Hi All,

I'll keep this brief as I can't make sense of any of it.

I just got back from a meeting with USCIS at Tradeport Dr, where the immigration officer I spoke to confused me more than I ever thought possible.

Now, I've read a lot of conflicting info on this forum re: I-485 and I-140, so I wanted to hear it from the horse, so I asked what to file, to adjust from L-1A to permanent resident, and could I travel in between, while pending?

He gave me an I-129 and told me that was what I needed. I told him that I'd just filed this petition for my extension. He was having none of it, and quite bluntly told me that this was what I had to do. He (and a woman behind him) then told me that I may be able to renew my L-1A visa in Bermuda or the Bahamas and gave me the phone number for the consulate in Bermuda, instead of returning to UK. I'm confused. Well and truly!

Then he threw in the fireworks, he said, "there are some lawyers on Semoran who may be able to guide you in the right direction, have a good day"

Now, .... I think you know my thoughts on THAT one.

Did I get the wrong guy, on the wrong day, or should I just expect to be ushered away without any explanation of why file this or that?
Anyone have any idea what he was telling me (apart from the obvious - get yourself a lawyer!!) ????

Bobby :eek:

[kebab king]

Hi Bobby

I don't know the answer to this one, but Paul & Dawn (fllion on here) might know as they got their Green Cards (from L-1) earlier this year.

Could be worth contacting them.

Regards

Andy

[DavidL]

Bobby,

You will need to file I-140 (immigrant visa petition) & I-485 (adjustment of Status). You can file these concurrently.

I-131 (Advance Parole) I don't believe that you need to file for Advance Parole with an L1 visa i.e changing status as the L1 visa has dual intent, but not sure about the L1A.
Sorry I can't be of any further help.

[Bobby]

Thank for the replies.

David,

Basically what you are telling me is that the immigration officer that I said quite frankly I didn't believe is in fact wrong??

I went there thinking that I had to file I-140 and I-485. My visit was more about whether I could travel in between while pending etc.
.....so when he threw a wobbly in with the I-129 skit and started looking down his nose like he could care less if I didn't believe him, I wasn't going to win at his desk today! I'm still confused. Has anyone actually gone through this successfully recently?

Thanks,

Bobby

[Susie]

Hi Bobby

I think I understand where there has been a confusion

You told officer that you wanted to file for green card, am I correct in this?



From what I understand of your case you came here on an L1 , am I correct?

The first L1 was for one year and you have just sucessfully gained and extension for 2 years , am I correct ?



To obtain the very first L 1 you must have been working for a UK company for one year within the last 3 years, manager/exec position

It is the USA COMPANY that needs to file I 140 and concurrently file a I 485
for you and on your behalf, and not you as an individual

As soon as the case is in process, this will cancel your L visa and therefore you will not be able to travel until you obtain advanced parole, I think the form is I 131 , I will check and post back later

[Susie]

Hi Bobby

Maybe the reason for mention if Immigration attorney on Tradeport is back hander, if you know what I mean , he he

[Bobby]

Hi Bobby

Maybe the reason for mention if Immigration attorney on Tradeport is back hander, if you know what I mean , he he

Careful Sue, you're getting as cynical as me, and Mr L is a good friend of yours too!! ;)

Thanks for the break down. Yes that makes sense. Where he got the idea that I had to file I-129 straight after I'd had it approved, I have no idea? He wasn't even listening to me.

Thanks,

Bobby

[lorraine]

Hi Bobby well I so confused now when I get back Marc said you come for bbq and explain lol but I not bringing the car back with mexx

[JulieC]

Did you renew L1 here and just get L1 status or did you go home for visa stamp? I think he was talking about the latter. I have a friend who travelled back and forth with no problems throughout her green card application without parole but she had the L1 renewal in her passport, if you are just renewed L1 status you will need parole when you have filed for your green card. It is currently taking about three months to come through and they keep saying there are no quarantees you will be able to re-enter on this so it is always a risk.

As someone who has had many conversations with USCIS in Texas, I do understand what you are saying, they seem to have a stock answer to fob you off even if it isnt to the right question!!

[Susie]

Did you renew L1 here and just get L1 status or did you go home for visa stamp? I think he was talking about the latter. I have a friend who travelled back and forth with no problems throughout her green card application without parole but she had the L1 renewal in her passport, if you are just renewed L1 status you will need parole when you have filed for your green card. It is currently taking about three months to come through and they keep saying there are no quarantees you will be able to re-enter on this so it is always a risk.

As someone who has had many conversations with USCIS in Texas, I do understand what you are saying, they seem to have a stock answer to fob you off even if it isnt to the right question!!


Hi Julie and Bobby

You are correct in saying that if Bobby got L visa renewal approved in the USA he should go back to the UK to have the visa approval stamped in his passport

Did you go back for interview and passport stamping Bobby? You might have to do this before your employer files I 140 and I 485. for you !!

The reason is normally when you go for change of status you have to send a copy of your L visa which is actually stamped in your passport !!

Until such times as you have had interview in American embassy and passport stamped you are not allowed to travel, except to travel to the UK to get passport stamped

As Julie says, even though you have an approval notice, this does not mean you are fully approved. You could go back for interview and be denied and file sent back for revocation

Have you been to London for interview and stamp? If not you will need to before your employer files for I 140 and I 485

[Susie]

Careful Sue, you're getting as cynical as me, and Mr L is a good friend of yours too!! ;)

Thanks for the break down. Yes that makes sense. Where he got the idea that I had to file I-129 straight after I'd had it approved, I have no idea? He wasn't even listening to me.

Thanks,

Bobby


Hi Bobby,


He probabley mean't to say file I 131 for advanced parole not I 129. Just goes to show how easy it is to make mistakes. You could have gone home, downloaded form, waited howeverlong to get approval, only to find out you applied for the inncorrect benefit

I did check and I 131 is a travel permit.

[Bobby]

He actually HANDED me the I-129, then we had that awkward moment where I question if he actually knows what he's doing, knowing that he has no clue, and knowing that I've just wasted 2 weeks waiting for the appointment for him to give me the wrong info and you can't really say out loud, "listen buddy, I think you're talking crap and can I see someone else" ...it's just not going to work in your favour!!
I haven't gone back to UK to have my passport stamped yet. Kebab King is our latest member to renew L-1 and go back for the stamp, and it seemed like a formality for him, but as usual what works for one, may not suit another on the day.

I have no reason to travel right now, and of course with businesses running, a trip to the UK for an uncertain amount of time isn't what I need right now.

There's also the confusing info today that I could renew at Bermuda or Bahamas, but I'm not taking too much interest in this statement either. Quite frankly if the guy today had told me that my hair was on fire, I'd have walked to the toilet to take a look in the mirror before I pat my head!

I'm quite sure the guy tells every 5th visitor to his desk that their car is being towed from outside, just to speed things along!

Bobby

[Ron]

Hi Bobby

Sounds like you could have got yourself arrested or escorted out of the building.

Well I suppose that is one way to make sure you do not have to leave the US

[Ron]

I'm quite sure the guy tells every 5th visitor to his desk that their car is being towed from outside, just to speed things along!

Bobby[/QUOTE]

Yeh, then he shreads your file !

[Bobby]

Trust me, the last "file" this guy had his hands on, was in his handbag!

[Sharon]

Hi Bobby

Are you more muddled by the answers or has this thread helped ? sounds confusing to me

Now , don't you be picking on us Essex girls. hehe

I know we are renouned for hand bags, but we certainly know how to dance round them

[Susie]

Hi Bobby

Been thinking about your info pass appointment

I think the offer may have been trying to explain that you need to go to Bermuda/American Embassy in London to actually have your renewed L visa stamped in your passport before your company files an I 140 and I 485 on your behalf

When an I 140 and I 485 application goes in, you have to send a photocopy of your passport with a copy of the renewed L visa in your passport.

Until such times as your passport is stamped with visa renewal you can only travel to interview in home country and have passport stamped approved

The notice of action approval notice is not final approval you get this (if approved) after interview at embassy. They hold passport and send to you in approx 10 days.

It has been known that an L visa application has been approved by TSC and when applicant went for interview in London American embassy, they were told the file was being returned to service centre for review/revocation.

As a matter of interest and importance, what date does you I 94 say?

[mark]

Hi Bobby

Is this thread clear to you now or is it as clear and mud? That how I see it

[Bobby]

Thanks Mark,

It's not any clearer at all, ....as anyone reading it can see.

That's the danger of a forum for some people though. They read something and take it as gospel and act upon it without checking it's validity. Mixed information from so called experts can really send you up the Suwanee without a paddle, ...so beware!

Sure, ...there's loads of useful info on here, but there's also one hell of a load of useless junk too.

My new slogan to be applied to forum use is in line with the famous real estate pitch, and it will be: decipher, decipher, decipher!

Bobby

[Ron]

Hey Bobby

I can understand it, took me a few goes but got there in the end

The upshot imho is, the immigration officer was trying to tell you, #you do not have a visa # even though you have been approved for a visa, and that until such times as your visa is stamped in your passport, then you will have a visa. Then you can apply for green card

If this is confusing, just imagine how you will get on if you file the adjustment of status yourself. May seem simple but it is not as easy as I first thought. Tried doing it myself and gave up, so got attorney

[Bobby]

Thanks Ron, for your efforts, but that doesn't explain why the fool handed me an I-129 to fill in, when he knew I'd just had it approved.

I called the consulate number he gave me, and it was someone's private number at the US Consulate, Bermuda. My oh my, was she surprised !
She asked if I'd ever worked, lived, or owned property in Bermuda. (my 10 days with the Royal Navy back in '87 probably didn't count!). So, that was false info from Tradeport Dr. I wasn't expecting anything different from the phone call, but hey, someone gives you a lead, you gotta try it right!

Does anyone know where it states that you must have the visa stamp in your passport before filing for adjustment of status?

I can't find anything, and if someone knows that this is essential, then of course I'll go back to London, and apply for the visa. Otherwise, I have no cause to uproot and spend money traveling if I don't have to.

Thanks,

Bobby

[mark]

Hi Bobby

All I know is that my VA asked for a copy of my passport showing I had an L visa that was current and stamped in my passport. Guess they wanted proof I was legal. I think they also wanted a copy of my I 94, again to show I was legal at date of filing.

I did my application a few years ago so the requirements may have changed but still feel the USCIS would want proof of you status upon filing. A notice of action saying you are approved really does not mean a lot as it is only part of the approval process.

Even if you get visa stamped in your passport this does not mean you will get into the USA as the final decision to allow entry is up to the immigration officer at the port of entry

A close friend of mine got L visa approved by Texas and when he went for the interview the American consulate in London, sent it back to Texas for further review/revocation. Lond story but file got lost/went astray


If you go to www.uscis.gov on the home page it says forms. Click on I 140 and I 485 and download, it may show there as to the reqiurements needed

[Bobby]

Thanks Mark,

I've already completed the forms and the only place I can find that is questionable with reference to status is on the first page of the I-485, where it asks "Current USCIS Status" followed by "expires on".

Following on from this I have read the approval notice that they sent me (I-797A Notice of Action) which states:

"The above petition and extension of stay have been approved. The status of the named foreign worker(s) in this classification is valid as indicated above."

If nobody knows, then I think I know one way to find out if I can file this successfully ........ File the damn petitions!

I'll go ahead as I was going to before and let you know!

Bobby

[mark]

Hi Bobby

Good luck, hope all goes well.

Bye the way can you fast track your application,? I think you can the I 140 but not the I 485, not sure maybe wrong though